Austin Babies

Pinterest Lovers - Pinterest might be illegal

There was an interesting post about this over on the P&CE board. Here's a link to the original blog post about it:   https://ddkportraits.com/2012/02/why-i-tearfully-deleted-my-pinterest-inspiration-boards/

Something interesting though that I did not know was that in Pinterest's terms of use that a user agrees to is an indemnity statement:


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.?  (From Pinterest?s Terms of Use).

 

Clear as mud, eh?  Well a regular (and lawyer) over at P&CE explained it as:

imageswimbikepuke:
  Legally, this means that you have to assume their defense, pay their lawyers and pay any judgment rendered against them.

Apparently this is quite common, so I guess it begs the question: how many of us sign up for accounts online and NEVER read the user agreement? (Hopefully I won't be recruited to become a human centipede!)



Re: Pinterest Lovers - Pinterest might be illegal

  • Those photogs need to relax. I have outright copyright violations all.the.freaking.time. It's a full time job to keep up with the thieves (words and images). Some I pursue, some I let go. Pinterest is nowhere near my radar. Why?  Because it drives thousands of people to my website to view my work. No one is stealing my images when they pin them, or misusing them in my opinion. It's a visual bookmark. Next they are going to say that bookmarking a website on your personal computer is copyright infringement. Geesh. 
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  • imagecarlinlp:
    Those photogs need to relax. I have outright copyright violations all.the.freaking.time. It's a full time job to keep up with the thieves (words and images). Some I pursue, some I let go. Pinterest is nowhere near my radar. Why?  Because it drives thousands of people to my website to view my work. No one is stealing my images when they pin them, or misusing them in my opinion. It's a visual bookmark. Next they are going to say that bookmarking a website on your personal computer is copyright infringement. Geesh. 

    Yes Amen. This is being argued ad nauseam on a couple other boards that I'm on and it's driving.me.insane. People need to chill the eff out IMHO.

  • i totally agree... my food blog traffic has increased by 40-50% because of pinterest. love it Smile

    but this article i came across today via forbes, was pretty interesting about pinterest: (sorry really need to learn to make clicky links on my mac) 

    https://llsocial.com/2012/02/pinterest-modifying-user-submitted-pins/

     

  • After reading it, it doesn't make me worry about it being illegal across the board, it just makes me more cautious about what I pin or repin.
  • It sounds like Pinterest TOS needs a lot more work, depending on how the developers' intend for the site to function. If it's supposed to keep going as it has been -- pinning "inspiration" and sharing images -- then the TOS needs a fix. 

    Until then, I think the author has a point. You aren't pinning a bookmark or hyperlink. You're pinning creative content and while some content owners are fine with how that works, those who aren't have just as much right to be protected.

     

    image
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