Legal problems from posting on Pinterest?

12 replies
Hi guys.... Someone posted this article in a Facebook group that I am on and I thought it was interesting. Wondering what your thoughts are and how this could also relate to content curation?

http://ddkportraits.com/2012/02/why-...ration-boards/

Charity
#legal #pinterest #posting #problems
  • Profile picture of the author ebuyer123
    I think...simply put: DO it at your own RISK!
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  • Profile picture of the author mywebwork
    It is indeed a concern.

    My strategy with Pinterest is to only post:

    (a) Material from sites that have a "Pin It" button, my logic is that these sites are inviting you to pin their content and are not likely to take legal action against you for doing it.

    (b) My own content


    Bill
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  • Profile picture of the author mosthost
    Make your own content for Pinterest. Otherwise you might wind up with trouble.
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  • Profile picture of the author BarbaraG
    Hi Charity,
    I just found your WF post and went down a "rabbit hole" this morning reading the post you referenced as well as all her follow up posts. This was very interesting reading, and it does make me feel very cautious about how I use the Pinterest site. I am always more concerned about these legal issues than most people. I have witnessed this many times with products that are being sold here on the WF, particularly relating to Amazon and it's terms. Most people are either not informed (and ignorance is really no excuse) or the are just willing to take a chance, make money along the way and hope it's never discovered that they are violating Amazon's terms.

    I, on the other hand, prefer to always be as legal as I can possibly be even if it means not profiting from the next big plugin or bot that is going to make me rich. I don't want to risk having it all suddenly taken away from me when I have become dependent on that income. I don't want all the sites I've worked hard to build up to be taken down because of a potential lawsuit. It's just not worth that risk for me.

    I do get pretty annoyed sometimes by sellers of products who have not done their own research on what is allowed or not allowed, develop a product and sell it to unsuspecting WF members. This perpetuates the problem and puts the buyers at risk. I did say that ignorance is no excuse, but I know that most people believe that if a product has been developed and is used successfully by the promoter, then it must be legal. Not so.

    Anyway, I very much enjoyed reading all this even if it does put yet another damper on my eagerness to jump on the Pinterest bandwagon. I am just not in a position to risk being sued, so I want/need to be extremely careful. Your reference to this post has certainly raised my level of awareness. For that, I thank you.
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    • Profile picture of the author mitchmelkonian
      Banned
      Couldn't agree more!
      Originally Posted by BarbaraG View Post

      Hi Charity,
      I do get pretty annoyed sometimes by sellers of products who have not done their own research on what is allowed or not allowed, develop a product and sell it to unsuspecting WF members. This perpetuates the problem and puts the buyers at risk. I did say that ignorance is no excuse, but I know that most people believe that if a product has been developed and is used successfully by the promoter, then it must be legal. Not so.
      .
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      • Profile picture of the author AndrewBris
        It's not infringement cause it's fair use, if you use it the way it's set up to be used. How is it any different than Google Images? Google pulls up images from all sorts of sites and displays them on GOOGLE's website, with a link to the site hosting the image. Pinterest is exactly the same thing, except that it is manual and user voted what to display. When you add a pin to their site they will only scan for images of the URL that you type in, and so then the image is linked to the source page of the image, EXACTLY as it is on Google Images. So Pinterest has built in attribution through this linking system. Also, people posting images on Pinterest are mainly doing so in the spirit and purpose of commentary and not for commercial purposes that are against the benefit of the source.

        I would not worry about it at all. There are millions of blogs out there that use other people's photos from commercial sites, celebrities etc. and they are not getting mass cease and desist letters. Which is what they would get before any company or person took further legal action against them. All these blogs are relying on the fair use law, since they are using the photos in commentary or news and commenting their opinions on them or whatever. It's the same with Pinterest, and even better cause they are linked to the source giving the people that published the photos FREE valuable traffic. It's free viral advertising for their sites and products. Why in the world would they be upset about that? On the contrary, more and more sites and companies will be adding Pin It buttons to their sites, just like they have 'Share' this on Facebook or Twitter etc. How is it any less fair use than sharing a story/link on a Facebook wall, when Facebook automatically captures and posts a small preview photo of the page on the Facebook wall along with the link? No one will be upset about free advertising.

        On the other hand, some people could abuse that just like they could in any medium like Facebook, YouTube or their own site or blog. If they were to upload others copywritted photos and then had a link to a totally unrelated commercial site or product, that would no longer be fair use! So of course Pinterest is going to have to protect themselves with those terms, and it's the same terms Facebook or YouTube or any other social media site has. Though Pinterest makes it more difficult for people to do anything like that since they will only extract photos from the actual link submitted. If you upload a photo from your computer then you can't add a link. Though if someone was using Pinterest to link to copywrited photos they put on their own blog that they are using in a non legal fair use way, then it's only fair the liability is on them.

        "First and foremost, courts have found that to be "fair" a use has to be transformative and not just reproductive. This means that someone cannot simply start up a blog and upload all the images from the Neiman Marcus website. This would be a merely reproductive use that was not in any way transformative. If, however, you upload select photos from the Neiman Marcus website in order to comment on or criticize the store, products, or even the photograph itself, you are not longer just reproducing the work, you are transforming it. If you are using an image for the following purposes, it is most likely a transformative fair use and not copyright infringement: criticism, comment, news reporting; teaching; scholarship or research; parody."

        So I would be careful about which photos you use on your own sites that link to or are for the purpose of linking to a non-related affiliate link that has nothing to do with the photo or it's source, regardless of weather you pin it on Pinterest or where you link to it.
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        • Profile picture of the author Kurt
          Originally Posted by AndrewBris View Post

          It's not infringement cause it's fair use, if you use it the way it's set up to be used. How is it any different than Google Images? Google pulls up images from all sorts of sites and displays them on GOOGLE's website, with a link to the site hosting the image. Pinterest is exactly the same thing, except that it is manual and user voted what to display. When you add a pin to their site they will only scan for images of the URL that you type in, and so then the image is linked to the source page of the image, EXACTLY as it is on Google Images. So Pinterest has built in attribution through this linking system. Also, people posting images on Pinterest are mainly doing so in the spirit and purpose of commentary and not for commercial purposes that are against the benefit of the source.
          The biggest difference is, I believe Google doesn't host the images and Pinterest does...Meaning if you own an image and delete it off your server for whatever reason, it will no longer appear in Google. And, you can modify the image.

          However, Pinterest apparently copies the image and stores it on their own servers, meaning you have no control over the image after that point.

          I could be wrong and I'm sure someone will correct me if I am...
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          • Profile picture of the author AndrewBris
            I see. Though I think that Google does host the image somehow, cause when you click on one of the previews it doesn't directly take to you to page that it is on. It takes you to a page that has the photo enlarged that is overlayed over the source site with a Google url. It isn't until you click the x in the top right corner of the enlarged image that the url is finally forwarded to the the source url. Give it a look for yourself.

            In either case I guess it is still no different than sharing a linked url on Facebook, cause if the site or link disappears, I believe the image preview and link stays up on Facebook, it would only go nowhere or get the wrong page when clicked on.

            I guess treat Pinterest like any other blog and be mindful and fair about it and you will be fine.
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  • Profile picture of the author sbucciarel
    Banned
    Discussed the dangers of Pinterest here

    http://www.warriorforum.com/main-int...pinterest.html
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  • Profile picture of the author source47
    This is very interesting. Of course, you need to be careful when using social media websites. I have never thought that linking to images would incur any legal problems. In my opinion, the legal problems come when you claim someone else's work as your own. But simply adding someone's work to your pinterest board shouldn't be a problem because you ARE creating exposure for the creator. Right?

    A basic rule of thumb is, "Give credit where credit is due."

    If using Pinterest for self promotion is discouraged but people don't want you to Pin their work on Pinterest/Facebook then what are you supposed to Pin/Share?

    I do use Pinterest for things that I create as well as things other people create. About 1 in 10 (or about 10%) things that I pin are from any of my sites. I only pin things that I feel would be of interest to my Pinterest followers.

    I think people over-react way to much when it comes to things like this.

    That's my 2 cents.
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  • Profile picture of the author sdwyermc
    Sure, just as bands covering songs on their albums, the songwriters get the royalties. Just remember, when you turn it into a product that is when problems start.
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  • Profile picture of the author RichardKhor
    Nice post.

    I have been using pinterest to do some backlinking back to my website. I guess i have to reevaluate my posting strategies.
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