Interested in PINTEREST.COM’s growth and use of photographs posted to the site 3

Have you heard the buzz about PINTEREST.COM? Amazingly, PINTEREST is demonstrating record-breaking growth and is now the fastest growing site to reach 10 million users… and it focuses on sharing photographs and visuals.

This obviously raises questions on what you are ‘agreeing to’ when you post a photograph or visual image on the site. Like all large social media websites, PINTEREST, outlines these details in their terms of use.

The bottom line: If you post a photograph to PINTEREST you are virtually giving your image away. By posting content on PINTEREST you grant the site a:

“worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content only on, through or by means of the Site, Application or Services.” http://pinterest.com/about/terms/

(This means that the website can use your image for virtually any, conceivable purpose…. including granting their other users permission to use and exploit your work on the ‘Site, Application, or Services.’)

Three things to watch out for:

  • Post only your own original work or work you are authorized to distribute and license (or the content can be removed due to copyright infringement if the actual owner requests PINTEREST to do so)
  • Post only work that you want to have FREELY USED by and potentially SOLD to others
  • Post only work that you have permission to use in this way

For example, a bride may not have permission from the professional photographer who took the photo to share it in this way and conversely the photographer may or may not have permission from a bride to share her portraits in this way. (Under these terms agreed to when posting a photograph to this site… any picture posted could potentially be sold to another party and end up in an advertisement on the other side of the world without needing permission from or paying $ to the person who posted it on the site. This could get complicated…)

P.S. Keep in mind that the Terms of Use often change frequently for most social media websites… so it’s a good idea to recheck them often.

BY: Vanessa Kaster, Esq., LL.M.

vk@kasterlegal.com

 

See also:http://pinterest.com/about/copyright/ ; http://rawsocialmedia.wordpress.com/2012/03/19/the-power-of-pinterest-a-great-infographic-guide-to-pintrest-with-some-very-persuasive-data/; http://www.bloomberg.com/video/88836636/@iplegalfreebies and www.kasterlegal.com.

3 comments

  1. Great Clarification! I’ve heard about PINTEREST growing extremely fast. But I hadn’t yet looked into the terms of use. I think by posting images on Facebook you are agreeing to very similar “terms of use”, with analogous dangers. I’d better re-read them.

  2. Hi guys did you read Pinterest new terms? We received an email this morning…have they been listening to you?! Part reads as follows: “Our original Terms stated that by posting content to Pinterest you grant Pinterest the right for to sell your content. Selling content was never our intention and we removed this from our updated Terms.” Cheers and thanks for following our blog…RAW

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