Controversial / Pinterest ... what do you think?

Jules08 · March 2012

Pinterest.

It?s an immensely popular site with a growing community. I was sucked in. I loved it, such ease to Pin to my boards: creative ideas, things I wanted to remember, things I wanted to try.

Then I got to thinking.

What about copyright? I tried to make sure that I only pinned images that linked back to the original source rather than google or tumblr. BUT was that enough?

I was on the fence about Pinerest and I have since deleted all of my boards.

We have a lot of Pinterest users on here I thought this might be a controversial topic that we might have a little fun discussing?.and go!

Jules08 · March 2012

I?ll start with the positive. Pinned images, that have the proper link back, have the ability to drive a lot of traffic back to your site. What a great way to increase your exposure. Some even call it free marketing.

Here?s the meat of why I decided to delete my boards:

If I am the original artist, shouldn't I get to be the one to determine if my images are shared on pinterest or not? Why should it be up to someone else to decide that for me? ?Pin It? takes that decision out of the original artist?s hands and I wasn?t comfortable with it. (I have also added a code to my blog that inhibits pinning of my images.)

Many images pinned are pinned from 3rd party sources and DO NOT link back to the original. I noticed that so many are linked to google or tumblr and I was guilty of re-pinning those as well and not taking the time to give the proper credit.

Here are my biggest peeves with Pinterest: if I take my image down from my blog or where ever, but someone has pinned it prior to my removal, Pinterest keeps a copy of my image on their servers.

When an image is pinned by a user, at the moment of pinning, they are explicitly giving Pinterest the right to SELL that image per the TOS of Pinterest.

Pinterst?s TOS state that if the original artist wants to take legal action for copyright, the user is not only legally and financially responsible for themselves, but ALSO for Pinterest.

mesa81 · March 2012

What's Cooking has complained a lot about the fact that people don't directly pin things to their blogs or people will say "I found a pinterest recipe" and not cite the blog it came from. I think I've only pinned items that directly link back to something but I can't remember for sure. I like the steady stream of pictures that you can grab ideas from but I can see how things get lost in the craziness that is pinterest.

xojo1 · March 2012

I'm pretty firmly on the side of Pinterest being just fine. Mainly because I feel like when you put something on the internet, you are doing it to share it with the world, and we all know that once you put something online there is no taking it back. That said, I try to only pin things back to the original source. If I find something that is not, I would delete it and attempt to find the original source. I do not like when I see pins that don't link back, or even ones that have all the instructions in the text. I like giving credit where credit is due and the academic in me would never intentionally plagiarize.

I should say that I say this knowing that I am not in business for anything and not trying to sell and idea, so I really don't care if anything I come up with is used by others. Obviously that skews my opinion a bit.

I do feel like this could end up a being a big problem that would eventually cripple the internet as we know it. My favorite thing about the internet is how ideas can be shared so easily and I am afraid of that changing.

Hasn't this idea always been an ongoing debate on WC? People not citing recipes and whatnot.

Jules08 · March 2012

xojo1:

Mainly because I feel like when you put something on the internet, you are doing it to share it with the world,

I very much agree with this, and I would be very flattered if my images showed up on Pinterest. For me, it was Pinterest's TOS that ultimately made me say no more: where it states that with each pin I make, I am giving them the right to keep and sell that image even if I don't own that image and then I am legally responsible for myself and Pinterest.

abvernon · March 2012

I have not been on Pintrest for a while but when I was on, I was getting frustrated when I would see a recipe and it just had a tumblr link or direct me to google. I gave up and I have not pinned anything a while.

I think the original source should be credited.

however, I have come across some wonderful blogs as a result of Pintrest so I am sure those who have blogs may have seen an increase in traffic since Pintrest??

xojo1 · March 2012

Jules08:
xojo1:

Mainly because I feel like when you put something on the internet, you are doing it to share it with the world,

I very much agree with this, and I would be very flattered if my images showed up on Pinterest. For me, it was Pinterest's TOS that ultimately made me say no more: where it states that with each pin I make, I am giving them the right to keep and sell that image even if I don't own that image and then I am legally responsible for myself and Pinterest.

I'll admit to not reading the TOS. I'm sure that's what they were going for, because most people don't. I wonder where this will go because that does kind of frighten me that I could be held responsible. How am I supposed to ensure that what I am doing is ok? Is making sure I link back enough?

Jules08 · March 2012

xojo1:
Jules08:
xojo1:

Mainly because I feel like when you put something on the internet, you are doing it to share it with the world,

I very much agree with this, and I would be very flattered if my images showed up on Pinterest. For me, it was Pinterest's TOS that ultimately made me say no more: where it states that with each pin I make, I am giving them the right to keep and sell that image even if I don't own that image and then I am legally responsible for myself and Pinterest.

I'll admit to not reading the TOS. I'm sure that's what they were going for, because most people don't. I wonder where this will go because that does kind of frighten me that I could be held responsible. How am I supposed to ensure that what I am doing is ok? Is making sure I link back enough?

Yeah this is the scary part. A lawyer / photographer blogged about the same topic and she pulled out the following sections of Pinterest's Terms of Use that all memebers must agree to:

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Cold Brew Labs the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Cold Brew Labs? use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party?s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation

meaning you have to be the owner of the work to publish it on Pinterest or you have the proper release (owners are frowned upon from pinning their own work though according to Pinterest)

Further

Several places the TOS states that you, as the user, agree that you will not violate copyright law or any other laws

Then it states:

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND SITE CONTENT REMAINS WITH YOU

So here's where you agree that you wil lbe responsible for what you pin

Finally the kicker:

you agree to defend, indemnify, and hold Cold Brew Labs, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Site, Application, Services or Site Content, (ii) your Member Content, or (iii) your violation of these Terms

Here's where you agree to be responsible for Pinterest for what you pin

Linking back to the original may not be enough unless you have a copyright / release on the work (recipe, photo, etc) that is being pinned.

Jules08 · March 2012

I should add that I am not trying to discourage anyone from using Pinterest, just thought I would start a discussion

xojo1 · March 2012

Jules08:
(i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Cold Brew Labs the rights in such Member Content, as contemplated under these Terms;

Linking back to the original may not be enough unless you have a copyright release on the work (recipe, photo, etc) that is being pinned.

So really, if you can only legally pin stuff that is either (a) owned by you or (b) have the rights released, WTF is the point of Pinterest? Why do I need to pin an idea for later that is mine?

(that is not directed at you, Jules, just in general Smile )

Then, the question I have is, would all those randomly blogged things that I pin be copyrighted and does putting it in your blog to share count as you releasing your work? I mean, the whole point of putting a recipe in your blog is to share it with other so they can use it, right?

This is a mess!

Jules08 · March 2012

xojo1:
Jules08:

(i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Cold Brew Labs the rights in such Member Content, as contemplated under these Terms;

Linking back to the original may not be enough unless you have a copyright release on the work (recipe, photo, etc) that is being pinned.

So really, if you can only legally pin stuff that is either (a) owned by you or (b) have the rights released, WTF is the point of Pinterest? Why do I need to pin an idea for later that is mine?

(that is not directed at you, Jules, just in general )

Then, the question I have is, would all those randomly blogged things that I pin be copyrighted and does putting it in your blog to share count as you releasing your work? I mean, the whole point of putting a recipe in your blog is to share it with other so they can use it, right?

This is a mess!

That's kind of where I got to... WTF is the point of Pinterest then. Especially when Pinterest Pin-Etiquette states:

3. Avoid Self Promotion

Pinterest is designed to curate and share things you love. If there is a photo or project you?re proud of, pin away! However, try not to use Pinterest purely as a tool for self-promotion.

I've looked into copyright for my photography and yes, I am pretty sure that every blog post would be considered copyright protected. Putting a recipe on the blog does not release copyright. Think of your wedding photographer - they may have had a blog or other site where you saw your images or previews. You couldn't print your own copies from the images on the blog, you had to wait for the CD or DVD and written release (could be terms in your contract) for you to be able to print copies.

Putting a recipe in a blog post would allow you to replicate the recipe at home for your personal use, but it wouldn't give you the right to post the recipe on your blog. make sense?

I think Betty Crocker has sued people for putting their recipes on blogs.

Oh and back to the Trems of Use:

By making available any Member Content through the Site, Application or Services, you hereby grant to Cold Brew Labs a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content only on, through or by means of the Site, Application or Services.

This is where you say to Pinterest it's okay to do what ever you want with what I just pinned. Of course they are okay with it because you are legally responsible for all content you upload.

firewife9278 · March 2012

I actually deleted my Pinterest account. I just never really used it and never took the time to really figure it out. The thing is, most sites are blocked at work and I never really wanted to get online when I got home.

Kasi80 · March 2012

I have seen my work pinned on Pinterest and it does not bother me. If someone copies it or uses it for inspiration then that's fine with me as well. I pin whatever I like and don't pay attention to whether it's linked to the original source unless it's something I need instructions on. I never read the rules on this. To me, it's on the internet anyone can find it anyway. I'm not trying to sell the image or product I am pinning.

SugarhillHnA · March 2012

Kasi80:
I pin whatever I like and don't pay attention to whether it's linked to the original source unless it's something I need instructions on. I never read the rules on this. To me, it's on the internet anyone can find it anyway. I'm not trying to sell the image or product I am pinning.

I'm pretty much like Kasi only I haven't seen my own stuff on there (and doubt I will). I haven't really pinned anything myself, just pinned stuff off what others have posted and don't really pay attention to the links since I'm usually only on it from my phone right now. Some day I'll have time to go back and try what I actually pin and maybe dig in more. To me it's no different than me cutting out magazine articles to keep for ideas and then trying them out and blogging about it. It's just like a virtual file for me to save space in my home.

Kasi80 · March 2012

SugarhillHnA:
Kasi80:
I pin whatever I like and don't pay attention to whether it's linked to the original source unless it's something I need instructions on. I never read the rules on this. To me, it's on the internet anyone can find it anyway. I'm not trying to sell the image or product I am pinning.

I'm pretty much like Kasi only I haven't seen my own stuff on there (and doubt I will). I haven't really pinned anything myself, just pinned stuff off what others have posted and don't really pay attention to the links since I'm usually only on it from my phone right now. Some day I'll have time to go back and try what I actually pin and maybe dig in more. To me it's no different than me cutting out magazine articles to keep for ideas and then trying them out and blogging about it. It's just like a virtual file for me to save space in my home.

Agreed, or bookmarking the page. This just makes it more accessible to others.

cookiemonster03 · March 2012

eh, its like book marking to me. I find it highly unlikely a legit lawsuit would come out of someone repinning, say, someone's craft project or photograph.

Controversial / Pinterest ... what do you think?

Re: Controversial / Pinterest ... what do you think?

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