A Pinterest{ing} Question: Is it Safe to Pin?

Failing to See the Forest for the Trees

A few weeks ago, we tried one of those do-it-yourself yogurt bars where you choose from 16 some odd flavors of yogurt and then pile on the toppings. You can go crazy or keep it modest. I let the boys choose their flavors and toppings with minimal help from me, allowing them to create their own unique treat. They actually kept it pretty respectable with a balance of fruit and candy.

On the way out the door, Darling 1 dropped his cup, spilling some of the kiwi fruit, gummy bears and brownie chunks out on the sidewalk. He panicked and began to go into hysterics, but I scooped it up and assured him that I had saved most of his delicious concoction. Once seated and chowing down on his frozen yogurt treat, he forgot about those lost gummy bears; and despite this small hiccup and near meltdown, he enjoyed his very distinctive "fro-yo" creation.

Sometimes we lack vision and can't see past a small stone in the path that we mistaken for a giant boulder. When that happens it takes insight from others to realize it's not really such a big deal.

Jumping the Gun

About a month ago, a woman wrote a post explaining her tearful decision to close her Pinterest account over fear of lawsuits regarding the photo links she "pinned" on this social media platform. After reading the Pinterest Terms of Use and considering copyright laws she basically panicked, pulled her boards down and spread her paranoid post across the blogosphere. I've been ruminating on this issue since reading the article. And finally, I have a chance to write about it.

For those who don't know, Pinterest is a relatively new social media platform where users can create virtual bulletin boards with different themes. Each time a user places a photo link on a board, it's called "a pin." Many websites have added buttons titled "Pin This" or other similar statements to encourage readers to post the link with a photo to their Pinterest boards.

I do have a Pinterest account, but I admit that I have barely used it and I'm certainly no expert on Pinterest, but my opinion is that this woman made a mountain out of a molehill. There are two issues to address: 1) Terms of Use; and 2) copyright laws. Neither of these issues are unique to Pinterest.

Terms of Use

The woman who sadly left Pinterest was apparently shocked to find that Pinterest claimed indemnity when it came to copyright issues, including attorney fees. Well, let me tell you that all online platforms who have covered all their bases, dotted every i and crossed every t is going to place all the blame squarely on your shoulders and leave your mess in your lap should you violate someone's copyright. And why shouldn't they?

After all, it's not Typepad's {my blog host} responsibility to make sure that I don't infringe on anyone's copyright, etc. They are merely the paid host of thousands of blogs. They are not the regulators of content, nor the owners of any of the content contained within each blog. Just as it is not Pinterest's obligation to ensure that everyone being pinned is alright with this. So, any legal actions, including any costs incurred, are the user's liability not the platform's problem.

This should not have been a shock to this woman. This is standard language in a Terms of Use policy. I would be shocked if the Terms of Use didn't contain these provisions. There's no reason to quit Pinterest because of this standard and fair language.

Copyrighted Material

As with any social media platform, all users should have at the very least a vague understanding of copyright laws in order to protect their own works and protect themselves from getting in trouble if using someone else's original work. I think, in general, misunderstandings about what constitutes copyrighted material and what is an infringement of such copyright abound in the world of social media.

It's actually quite easy to infringe on someone's copyrighted material if you're pinning content on Pinterest, posting photos that you didn't take or writing articles with liberal use of other's written words without permission from the copyright owner.

Here are a few of the basic concepts:

• What type of material is protected by copyright? {the short answer}
  • Copyright protects original works of authorship including literary, musicals. Dramatic and artistic works.
  • Copyright does not include ideas, systems, facts or methods of operation.
• What constitutes copyright infringement?
  • In general terms, a copyright is infringed when a person makes a derivative work, reproduces, performs, publicly displays or distributes copyrighted material without the permission from the copyright owner.
• What is fair use?
  • Fair use is a doctrine that allows for limited use of copyrighted materials without first acquiring permission from the copyright owner.
  • Under fair use, copyrighted material may be used for news reporting, criticism, commentary, educational uses, research and the like.
  • In determining whether fair use applies, a court will look at 4 factors;
    • Purpose and character of the use;
    • Nature of the original; material made for commercial use is less protected;
    • Amount and substance of original used; and
    • Effect that the use has had on the market of the original material.

Pinning without Permission

While "pinning" a photo that acts as a link to the original source, may or may not be considered copyright infringement {the courts haven't considered this specific issue yet}, most website owners are not going to be upset by this link. The pinning to a board in Pinterest will likely cause increased traffic to the original source's site, which for most will be considered a positive effect.

One exception might be photographers who are showcasing photos of clients or selling their art on their sites. These sites are often protected by passwords and/or have water marks on photos and provide language about the use of their photos.

However, should your "pin" not link the material to the original source, a problem could arise. And yet, most likely the first course of action will not be to file a lawsuit. Most of these issues can easily be corrected by contacting the person who is infringing on another's copyright and demand that the offending person take down copyrighted material immediately.

If that doesn't do the trick, a formal cease and desist letter would follow. And then, if there is still infringement or if there is a gross infringement or habitual infringement, a petition would most likely be filed in federal court.

The Scoop

Few with a heavy online presence haven't had to send a demand to take down a page or post or photo. It happens often, whether on purpose or in ignorance. I don't mean to say it isn't a big deal; it is. But it's usually something that can easily be dealt with without filing a lawsuit.

So, should you close up shop at Facebook, Twitter, your blog, Pinterest, et al? I don't think so. But I do think you should know what the Terms of Use that you have agreed to say and understand the basics of copyright law. When in doubt about whether what you're "taking" from another constitutes copyright infringement be sure to look it up; you can find anything online. Oh, and I'm fine with you "pinning" this on Pinterest, sharing it on Facebook or Retweeting it on Twitter Over and out....

Anna

Comments

[Peggy C]

Thanks for this post. I bought into the whole scare thing. This post made me feel like I was reading "Pinterest for dummies".(Meant that in a good way, not bad...like clear cut, well defined laws, easy to understand without a law degree) This helps a lot. Thanks again.

[The Slacker Mom]

Thank you Anna- this is just what I was looking for. It seemed like the other post jumped the gun a bit and I couldn't put my finger on why. Other than I found it hard to believe that the 3rd largest social media platform would be setting us all up for lawsuits with every pin. I think the explanation that there are steps that come before that should be reassuring.

[Luc]

"The pinning to a board in Pinterest will likely cause increased traffic to the original source's site, which for most will be considered a positive effect. "

That is not my experience. I have checked my weblogs and people look at my pictures on pinterest and don't follow through to my website.

Therefore, the effect of Pinterest is negative for me, as a content provider, since it robs me of my traffic.

Meanwhile, it is Pinterest that profits from my work.

When your images are pinned a great deal, DMCA take down notices are very tedious.

Please do not pin content that is not yours, or content that does not have a "pin it" button.