If You're Using Pinterest You Might Be Facing Legal Action

The only social site I've ever really loved is Pinterest - but I've reluctantly deleted my boards and moved on and Warriors might want to think about the legal implications of pinning other people's pictures.

There is a huge legal issue with images. There are image companies out there whose business model is catching people who violate their rules. Two that I know of are Getty Images and Master File. We had a totally innocent violation of Getty's rules and they are really nasty people. Masterfile simply files a lawsuit against you in federal court. No warning, no nothing.

We know a retired couple who owned a bike repair shop and they lost their biz paying image fines. They had a website design done and the designer used a Masterfile image. The owners didn't even know about it but it didn't matter in court.

There is a very popular Warrior forum course that teaches about buying images from a certain site, adding captions and then using an embed code so that anyone can upload your new picture. The TOS on that image site completely forbids this and all stock image sites that I know of forbid using their images this way.

There is software that scans the web 24/7 looking for pirated pictures and there is no way to disguise a stolen image. Countless times there is advice on the WF forum: 'just go to Google image and download a picture'. What horrible advice!

And just because you're outside the US, don't think you're safe. There was a recent story about a citizen of the UK who was extradited to the US for a prison sentence involving images which is so 'Big Brother-ish' that it's frightening.

Anyway, eventually someone will be sued on Pinterest. Don't let it be you!!!

Lawyer assesses Pinterest's copyright situation
- DDKPortraits DDK Portraits

*********************

In several places in Pinterest's Terms of Use, you, as the user, agree that you will not violate copyright law or any other laws. And then there is this:
"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." (yes, this is in ALL CAPS right in their TOU for a reason).

And then, there is this:
"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."

This "defend and indemnify" stuff means that if some photographer out there decides that he or she does not want you using that photogs images as "inspiration" or otherwise and decides to sue you and Pinterest over your use of that photog's images, you will have to hire a lawyer for yourself and YOU will have to hire a lawyer for Pinterest and fund the costs of defending both of you in court. Not only that, but if a court finds that you have, in fact, violated copyright laws, you will pay all damages assessed against you and all damages assessed against Pinterest. OUCH. Oh, but it gets better. Pinterest reserves the right to prosecute you for violations. Basically, Pinterest has its keester covered and have shifted all of the risk to you. Smart of them, actually since the courts are still deciding whether the site owner or the user should be ultimately responsible. Rather than wait for the decision, they have contractually made you the responsible one. And you agreed. (And by "you" I clearly mean "we").