Is Pinterest the new Napster? Update 2/19: Pinterest now allows websites to opt-out.
Pinterest is disrupting the world of images much like Napster did with music. The rate of usage reflects the fact that, like Napster, those who use the service often become addicted to getting access to the best content in one place, in this case images. Like Napster, most of the “content” is actually posted in violation of both the law as well as Pinterest’s own terms of service.
Pinterest got big so fast that it has been difficult to scale their policing of copyrighted images. Despite these similarities, it is unlikely Pinterest will go the way of Napster because all of these violations of both law and rules, don’t seem to hurt any constituency enough to bring about the kind of formal and informal pressure that eventually made Napster go away. 99% of pins are likely in violation of Pinterest’s Terms of Service.
Is it illegal? Say you remove a photo from your own site in order to sell it.
Here's How To Avoid Copyright Problems On Pinterest Or Tumblr. The Copyright Question: How to Protect Yourself on Pinterest. Gonzalo E.
Mon is a partner in the Advertising Law practice at Kelley Drye & Warren LLP and his co-author, John J. Heitmann, is a partner in the firm’s Telecommunications group. Read more on Kelley Drye’s advertising blog, Ad Law Access, or keep up with the group on Facebook or Twitter. Although Pinterest launched just two years ago, the site already boasts about 12 million users and a staggering number of daily pageviews. Both numbers are growing quickly. This rush to join Pinterest has been somewhat tempered by concerns over the social network's terms of use. Some have incorrectly concluded that Pinterest owns everything posted on the site. Before a company — or a user, for that matter — joins Pinterest, it’s important to separate the myths from the realities.
No, Pinterest Doesn’t Own What You Post One common question is whether Pinterest owns everything that you post. Pinterest Legal Concerns: What is Lawful to Pin? A serious problem seems to be emerging in regards to Pinterest and a violation of the legal rights of content creators and their intellectual property.
The problem lies in the fact that you can use the work of others to build your own brand without attributing their work to them or compensating them. Just as with posting photographs on your blog without permission, using copyright images for promotional postcards, or stealing another's article and attaching your own name, new light has emerged that reveals pinning photographs as illegal. For most folks, no harm is intended - they're just pinning their favorite stuff. But there are those with a malicious intent who are happy to take advantage of this legal loophole. The problem is, well, whose problem is it? The Infatuation and The Truth Then, over time, I started seeing some man-made cracks and a possible seedy underside. This section completely burst my fairy-tale romance with Pinterest. Legal Responsibility Gonzalo E. Avoiding a Lawsuit. Pinterest and legal issues: Read this before you pin anything. Last month, attorney and photographer Kirsten Kowalski deleted her Pinterest inspiration boards.
In her blog post about her decision, Kowalski explained that the site's terms of use stipulate that people who pin photos to the site agree that they are the owners of the photos or have permission from the owners to post them. The terms go on to say, in all caps, "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. " Those stipulations are troubling, attorneys say. Shy of following Kowalski's lead and deleting your page, though, the most that users can do is to be as careful as possible. Is it a real risk? 'Pinterest' Wades In Murky Copyright Waters. The popular website Pinterest allows millions of users to "pin" digital images and share virtual bulletin boards.
But it's raising suspicions about potential copyright infringement. Audie Cornish talks to attorney Jonathan Pink Copyright © 2012 NPR. For personal, noncommercial use only. See Terms of Use. These days, a darling of the tech and business world is Pinterest. KRISTEN KOWALSKI: I went to the terms and the first thing I saw is that you're not supposed to put - you're not allowed to post anything that you don't own or that you don't have all rights or license to use and that's where the conflict was coming in and the confusion among users. CORNISH: Kowalski made those comments on the podcast, Bloomberg Law. JONATHAN PINK: Hello. CORNISH: So, to start, what is the difference between this site and any other and what does the law say about the right of people to copy images and repost them like this? So, what has been the danger here for users? PINK: Well, right. PINK: Well, right.