A Comprehensive Guide to Understanding Usage Rights

Social media and the advent of digital advertising have profoundly transformed the advertising landscape, leading to significant changes in how brands reach and engage with consumers. This change affects how brands plan their media spending and how copyright holders should consider charging for usage rights. By providing the information, we hope to foster deeper conversations with clients about the importance of shared knowledge and fair usage rights for artists. 

Understanding the full scope of an advertiser's plans for the use of images, illustrations and other created content is key to properly estimating and producing a campaign. Gone are the days when we only needed to consider single page, double page and POS formats. Now, with the prominence of digital advertising in all its forms, we have a multitude of uses, formats, resolutions and functions to address with each project. These considerations affect the equipment, medium, aspect ratios, and usage rights appropriate for each job.

In addition to the deliverable specs, a key factor to consider when calculating usage rights are the options that advertisers now have when planning the reach (and therefore the influence and success) of their campaigns. Digital programmatic ad campaigns can be planned to reach a vast worldwide audience or a very specific demographic within a small region of one city. Advertising has been revolutionized by the availability of targeted ads, data-driven insights, and new advertising channels. Focus has shifted from traditional mass marketing to personalized and engaging experiences that cater to the individual preferences and behaviors of consumers. Just as the creative will be planned with the audience in mind, the usage rights should be negotiated accordingly.

  • See the Usage Glossary for a full list of terms

    Traditional Advertising: Non-digital advertising mediums such as print, Cable and Network TV, radio, static billboards, and printed direct mail.

    Digital Advertising: Online promotional activities including ads on websites, email marketing, and social media.

    Programmatic Advertising: Automated, data-driven digital ad buying and placement.

  • Historical Perspective: Traditional advertising has its roots in mediums like newspapers, magazines, TV, and radio. These platforms offered broad reach but limited personalization and no opportunity to adapt campaigns in real time.

    Digital Advent and its Influence: The digital revolution has transformed the advertising landscape, introducing platforms that allow for precise targeting, real-time feedback, and unparalleled scale.

    Shift in Media Spend and its Implications: With increasing portions of advertising budgets allocated to digital platforms, understanding the nuances of content usage on these mediums has become crucial. (Below is a outline of how many parties may be part of a digital campaign).

  • The digital advertising ecosystem is complex, and various intermediaries play specific roles in delivering ads to the target audience. The structure of payments, and parties involved, will vary depending on the specific ad campaign, the channels used, and the agreements made between the brand and the various partners. Some of the key entities that brands may engage for digital advertising include:

    Ad Exchange: An ad exchange is a digital marketplace or platform that facilitates the buying and selling of advertising inventory (ad impressions) in an automated and real-time manner. Ad exchanges play a pivotal role in programmatic advertising, a method of ad buying that relies on data-driven decision-making and automation.

    Ad Networks: Ad networks act as intermediaries between publishers and advertisers, aggregating ad inventory from multiple publishers and offering it to advertisers as a bundle. Brands can buy ad placements across multiple websites or apps through an ad network.

    Demand-Side Platforms (DSPs): DSPs are platforms that allow advertisers and agencies to manage their ad inventory purchases programmatically. They provide tools for ad buying, audience targeting, and real-time bidding. Brands may pay fees to DSPs based on their usage and ad spend.

    Data Management Platforms (DMPs): DMPs collect, analyze, and manage large volumes of data from various sources to create audience segments for targeting purposes. Brands may license audience data from DMPs to enhance their ad targeting capabilities.

    Ad Verification Companies: Ad verification companies ensure that ads are displayed on appropriate websites, comply with industry standards, and are viewable by real users. Brands may engage ad verification services to ensure the effectiveness and integrity of their ad campaigns.

    Ad Servers: Ad servers are technology platforms that serve and track ads across websites and apps. Brands may use ad servers to manage the distribution of their ads and track performance metrics.

    Social Media Platforms: If brands are running social media advertising campaigns, they pay platforms like Facebook, Instagram, Twitter, LinkedIn, etc., directly for ad placements on their respective platforms.

    Search Engines: For search engine advertising (e.g., Google Ads), brands pay the search engine directly for their ad placements in search results.

    Affiliate Marketing Networks: In affiliate marketing, brands may pay affiliate marketing networks that manage and track their affiliate programs. They compensate affiliates (publishers) based on performance metrics such as clicks, leads, or sales.

    Publishers: Brands pay publishers directly for ad placements on their websites or apps. This can be through direct deals or programmatic ad placements facilitated by ad exchanges or ad networks.

  • Importance of understanding a brand's goals: Every campaign starts with a goal, whether it's brand awareness, lead generation, or sales. These goals determine every aspect of a campaign, from budget to final delivery formats.

    Deliverable Specs: To meet goals, advertisers provide specifications such as Campaign Objectives, Target Audience, Budget, Creative Specifications, and Conversion Tracking to the creators, Ad Exchange and other partners.

    Importance of Audience Targeting and New Advertising Channels: Digital platforms enable precise targeting based on user behavior, interests, and demographics, ensuring ads reach the intended target audience effectively thereby resulting in the highest conversion rates and ROI.

    Options Available to Advertisers: The digital realm offers a range from targeted advertising to achieving global reach. Brands can specify preferences including where ads appear, particular websites, apps, or specific sections of a website. Alternatively, they might opt for contextual targeting, where the ads are shown on pages related to specific topics or keywords. Brands can specify the time and days they want their ads to be active which may be based on when their target audience is most likely to be online or when they want to promote specific events or offers.

  • Advertising platforms offer different value propositions. From the broad reach of traditional mediums to the precise targeting of programmatic ads, understanding the relative value and strengths of each platform helps in making informed decisions.

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  • Cost Models: Digital advertising generally operates on performance-based models (CPC, CPM, CPA) while traditional advertising usually involves fixed-cost models based on ad placement, size, etc.

    Real-time Optimization: Digital advertising offers real-time optimization through programmatic means, whereas traditional methods are more static.

    Targeting and Personalization: Digital platforms have superior targeting capabilities due to the abundance of data, while traditional methods have limited targeting.

    Measurability: Digital advertising offers comprehensive analytics and data for the brand or advertiser, traditional advertising lacks detailed performance metrics.

    Flexibility: Digital ads can be easily modified, whereas changes in traditional ad campaigns can be costly and time-consuming.

    Interactivity: Digital advertising often allows direct engagement, while traditional methods usually don't.

  • Digital advertising is a broad term, encompassing all digital channels, while social media advertising is specific to platforms like Facebook, Twitter, etc.

    Platform and Audience: Digital advertising can target users across the internet, social media advertising is restricted to specific platform users.

    Targeting: Both offer targeted advertising, but social media platforms often have more detailed user data available for the brand.

    Ad Formats: Each has unique ad formats tailored to their respective environments.

  • Origins: Boosted posts start as organic content on a page, while ads are specifically created for advertising and might not appear organically on a profile.

    Customization: Ads typically offer more advanced targeting and customization options than boosted posts.

  • All programmatic advertising is digital, but not all digital advertising is programmatic.

    Automation: Programmatic focuses on automation and real-time adjustments.

    Real-Time Bidding: Programmatic involves real-time bidding for ad spaces.

  • At the end of a digital campaign, Brands typically receive a comprehensive report detailing the performance of their campaign. These reports are important and valuable for the brand, outlining Impressions, clicks, engagement rate, conversion rate, and A/B test results. Metrics and data provide insights into campaign efficacy.