PetaPixel

Keepsy Lets Popular Instagram Photogs Cash In Their Following

Millions of people know Instagram as a fun way to share photographs, but get popular enough on the service and it can be a profitable one as well. Keepsy, a startup that helps people quickly create albums from Instagram and Facebook photos, has launched a new curated gallery featuring top Instagram artists. Fans can purchase photobooks from the site at a price set by the artist, and profits are split 50/50 between the service and the photographer. While only about 20 users are represented currently, they’re planning to slowly add more based on merit.

The gallery is also a good place to find people to follow for fresh inspiration.

Featured Photographers (via Mashable and TechCrunch)


 
  • Leslie Burns

    The ToS on Keepsy are NOT good for photographers. Basically, you are giving away your work according tot he ToS on that site. Not sure yet how those terms interact with the instagram books mentioned above (looking for more info on that), but if it were me, I would not use this “service” as the terms now stand.

    NOTE: although I am an attorney, the above is NOT LEGAL ADVICE.

  • Anonymous

    As your attorney, I advise you to take a hit out of the little brown bottle in my shaving kit. You won’t need much, just a tiny taste. 

  • http://twitter.com/blakewilliams Blake Williams

    Hi Leslie, Thanks for your comment. The TOS stipulates that the photographer is granting Keepsy a non-exclusive right to publish photo books on their behalf. Moreover, the photographer can withdraw from the project at at any time. I’m not sure how that is detrimental to the photographer in any way. 

  • http://blog.wingtangwong.com/ Wing Wong

    Interesting, in section c, the first 2 sub parts indicate that the use is for your book:
    “””c. License to Keepsy. You hereby grant to Keepsy and its affiliates a non-exclusive, worldwide, perpetual, irrevocable, fully-paid and royalty-free license, sublicensable (with the right to sublicense through multiple tiers of licensees) (in any media, whether known or not currently known and invented) (“License”) to: (i) use, re-format, modify (as necessary to prepare Your Content for inclusion in a Keepsy Book or for the printing of a Keepsy Book), reproduce and distribute any and all of Your Content for the purpose of printing and distributing Keepsy Books that you order or that you authorize for purchase by others, and “””

    However, in the first part of section c.ii, the language indicates that Keepsy can use your images for their promotion and other uses, without further payment or attribution to the original copyright holder.

    “”” c.(ii) to link to, use, reproduce, create derivative works from, syndicate, sell, license, print, sublicense, distribute, publicly display, publicly perform and otherwise exploit Your Content, including, without limitation, making Your Content available to the Keepsy community and to include Your Content in Keepsy’s promotional and marketing materials. You agree that Keepsy may exercise the License granted by you without notice, payment or attribution.”””

    The language in the second half of c.ii then continues to indicate that rights licensed are related to the production of your books:

    “””You agree that the License granted to Keepsy includes the right for Keepsy to contract out the production, including, without limitation, physical printing, of the Keepsy Books to a third party. You agree that Keepsy reserves the right to maintain electronic files of Your Content and any Keepsy Books, as applicable, to fulfill any further orders which may be placed for the Keepsy Books and to maintain an archival copy of the tangible Keepsy Book.”””

    So, I would say that the first part of c.ii would be worrisome for two reasons:

    1. If there are images in question, published editorially on Instagram/FB/etc. did not have a model release or property release, which would grant the original copyright holder the right to commercially exploit the image, were licensed to Keepsy and employed in their marketing campaigns, would constitute a commercial use of the image/likeness/etc. That could be a problem for the photographer.

    2. Keepsy basically retains the right to make use of the images and content uploaded to Keepsy in whichever way they desire, without further attribution or compensation. Because they reserve the right to sub-license the content out, they can effectively license the library of images to a stock or micro-stock photo agency as royalty free, because they have effectively licensed the content to themselves as royalty free.

    I’m not a lawyer, so the above is merely my layman observation. ymmv. Personally, I’ve chosen not to participate in micro-stock or royalty free agreements, so this would preclude my usage of the service by uploading images. I’m guessing for the majority of the users out there, this bit of legalese will not be an issue… but all the same, from my perspective, that is that the language is telling me.

  • http://blog.wingtangwong.com/ Wing Wong

    Section D:

    “””License to Other Members. You hereby grant all other Members of the Site and Services a non-exclusive, worldwide, perpetual, irrevocable license to link to, use, copy, publicly display, publicly perform, create derivative works from and otherwise communicate and distribute Your Content for any purpose on or through the Site and Services and/or in such Member’s own Products solely in connection with a Member’s personal use of the Site and the Services. You acknowledge and agree that a Member can exercise the foregoing rights without further notice, payment or attribution to you.”””

    This reads to me like other members may create photo books using images I upload, without compensation or attribution being made to me for the use of my images.  

  • http://blog.wingtangwong.com/ Wing Wong

    I’ve sent a message to Keepsy through their help request to close my Keepsy account, as there is no option to cancel/close my Keepsy account from the web portal. :(

  • Leslie Burns

    The very fact that the terms are so poorly written and appear, at least on first read, to be contradictory in places is reason enough not to use this “service.” 

    *NOTE: this comment is NOT LEGAL ADVICE, just informational.

  • http://twitter.com/blakewilliams Blake Williams

    We’ll close your account Wing. Thanks for trying Keepsy~

  • http://blog.wingtangwong.com/ Wing Wong

    Thanks Blake. Good luck going forward, TOS aside, business model looks great. 

  • Seekand_destroy

    So using a phone is now a legit method for photography? Seriously? Instagram is a free app, these photos cost nothing, and the quality isn’t that great. Keepsy gives you a way to make money for nothing. Who cares what they do with the photos. What are the ToS of instagram? Is there anything to say that they can’t keep or reuse photos too?

  • Seekand_destroy

    So using a phone is now a legit method for photography? Seriously? Instagram is a free app, these photos cost nothing, and the quality isn’t that great. Keepsy gives you a way to make money for nothing. Who cares what they do with the photos. What are the ToS of instagram? Is there anything to say that they can’t keep or reuse photos too?

  • Jazzrain

    I recommed to buy photos of @evoking:disqus 

  • http://pulse.yahoo.com/_W2GRH3LDEKRE72SECDP24YFF2A Maple

    Who cares what they do with the photos. What are the ToS of instagram?
    Is there anything to say that they can’t keep or reuse photos too?
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