Pinning Copyright Complaints on Pinterest

Posted on February 27th 2012

Pinning Copyright Complaints on Pinterest

 

How much money can come from an idea?Pinterest has become one of the most surprising social media successes in recent years – not only is the site reporting a massive amount of growth and interest, attracting a reported ten million visitors in one month, but it seems like people just can’t stop talking about it. Unfortunately, serious concerns have accompanied its meteoric ascent to the ranks of other social aggregators like Reddit and Tumblr though, among them concerns regarding copyright law.
Like other websites in its class, Pinterest has relied heavily on copyrighted material to generate traffic. While it currently relies on affiliate links for revenue, it is likely that Pinterest will eventually begin selling ad space, especially as its website has found its niche with young women, who have until recently been fairly difficult to target with online advertising.

That means that Pinterest will be primarily relying on recycled, copyrighted images to draw and maintain their users. The overreaching question that needs to be focused on then is whether or not Pinterest is in violation of US Copyright laws by using images created by another person to advertise and/or sell products.

The looming threat that the internet poses for copyright laws has been well reported on thanks to things like the ill-fated SOPA and the shutdown of megaupload, so many of you reading this blog likely have a good idea of what it entails – the using of another author’s work without the creator’s permission. This is exactly what is happening with Pinterest. When an image is “pinned”, Pinterest copies the image to their servers. Most Pinterest users give a quick nod and link to the original creator, but giving credit where credit is due does not mean they have permission. A lot of artists so far have been happy to receive the publicity, but websites that rely on selling use-rights to things like stock images have not shown themselves quite as amicable.

There has also been some muttering about these images being considered thumbnail catalogs, merely a small/minute representation of the work, and because of this distinction they fall under fair use. But what has to be remembered is that entire images, not representations of them, are being copied to Pinterest servers.

So far, Pinterest has been trying to follow the typical routes to protect their business interests. In order to post anything, users have to state that they hold the rights to the content they pin. Most of the time they aren’t telling the truth, but it allows Pinterest to shift the responsibility off of themselves and onto the user. Copyright law has a carve-out provision for publishers of third-party content like Google or Yahoo, meaning they cannot be held responsible for every email, image, and piece of content that has been posted. Pinterest is hoping to fall under the same category, though it is not clear they can be considered a ‘publisher’. 

Pinterest is also trying to nip their copyright woes in the bud by introducing NOPIN, a metatag function that will allow website owners to easily keep Pinterest users from directly linking the material on the site. Pinterest has also made it clear that it will pursue DMCA claims whenever they are filed. But copyright holders, like publishers, cannot feasibly police every single image they release. To make matters trickier, there are very simple ways around these small barriers and it is unlikely Pinterest would ever be able to draw the interest they have thus far if they only allowed unique content.

It does appear, when all is said and done, that Pinterest is knowingly supplying the means to infringe. As scrutiny mounts they will have to strongly show that it is not their intent to induce infringement, which is an actionable matter in court. But as it stands now, Pinterest and its investors are attempting to monetize infringing activities, which paints a big red target on their back. Though they are doing all they can to make it look as though Pinterest is on the side of the copyright holder, it would likely be them, and not the individual user, who would be pursued in court.  

Deborah Sweeney

Deborah Sweeney

CEO, MyCorporation

Deborah Sweeney is the CEO of MyCorporation. MyCorporation provides online legal filing services for entrepreneurs and businesses, providing startup bundles that include corporation and LLC formation, registered agent, DBA, and trademark and copyright filing services. You can find MyCorporation on Twitter at @MyCorporation and Deborah at @deborahsweeney and on .

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Comments

ldnwickless
Posted on February 27th 2012 at 11:30PM

A lot of this is free advertising for people but I can understand where they are coming from and why they'd be upset as its a potential lack of revenue.  Hard call.

ilovegarick
Posted on February 28th 2012 at 5:07PM

Here's a thought.. why not share so that we might all build and grow? I agree that people should be compensated for their work and where do we draw the boundaries? Rather than being secretive and keeping it to yourself, why not share it with the world? As more and more is freely shared in the world; it all comes around. 

Rick Clark
Posted on March 1st 2012 at 11:55PM

I see very few people claiming ownership of images they pin, I see more caveats identifying others. It's where people post stuff they like (or personally sell) — I use it like a scrapbook, one that helps jumpstart my creativity. People who look at or follow my boards get a little sense of who I am, and sometimes there is a connection.

Next we'll boycott paper companies because people print stuff on it and sometime these folks don't have the rights. This ain't new. "Plagiarism" is a 17th century word derived from the Latin "plagiarius" which means kidnapping.

Sorry, I see this as a tempest in a teacup. Yawn.

Suzan St Maur
Posted on March 3rd 2012 at 11:44AM

Yesterday I had a long chat with a lawyer here in the UK about the Pinterest dilemma and she basically made the point that until such time as a case is brought over copyright infringement, and a judge has made a ruling about it, none of us will be any further forward.

When that comes up it will be a very Pinteresting court case to watch...  

cinmn1
Posted on April 5th 2012 at 5:26AM

Pinterest isn't posting/pinning stuff, users are... just as Facebook users do, and even Instagram users (since you can use any image you save on your phone in instagram--not just original photos you take). Also, the users who are pinning items aren't profitting from the items being posted. Pinterest may be, but then again, you can't really prove they are directly profitting from those images which are copyrighted. There is plenty of material NOT copyrighted on Pinterest. I have an entire board that is my own original jewelry, and I photographed it. These items have been re-pinned by others and I'm happy about that! I love Pinterest because it has nothing to do with PINTEREST. I feel like I'm in a true online "community" of sorts when I'm on it if I am searching. If I'm looking at my own boards I feel like I'm in my own scrapbook. You aren't constantly reminded you're on Pinterest. It's simply a great tool for people to save photos. I don't see how any copyright infringement case could find Pinterest at fault (and I'm a web writer for a major global corporation so I have to deal with Internet/media law daily).