I'm crazy visual, so when I first jumped onto the pin-it bandwagon, I was in eye-candy heaven. It didn't take me long to start building up my boards. At first, it was mainly for character inspiration:
Then it evolved to include things that interested or fascinated me:
I now have 19 boards and almost 2,000 pictures pinned. If you've never had a chance to check my boards out, you'll want to do so within the next couple of weeks, because I'm about to delete most of them.
In lieu of some posts and articles that have recently come to my attention, I'm now second-guessing if it's worth the risk of getting sued just for fun and some extra PR. One post that really scared me points out that we should also be very wary of the pictures we use on our blogs.
Roni Loren, a romance writer, was actually sued by an artist, even after she complied and took his artwork down. Here's the link to that post, if you're interested. If it could happen on a blog, it can happen on pinterest.
The possibility is so real that several businesses are abandoning the pinterest ship. For example, The Boston Business Journal abandoned their account after rereading the pinterest user agreement and realizing that pinterest literally reserves the right to sell images any users might upload. Which means if you upload anything that isn't yours without permission, pinterest will be protected, but you could be sued for copyright infringement. Here's that article online.
Sure, you might be thinking that only people who upload images have to worry. Not people who link to the picture online, leading the viewers back to the original, and thus attributing the artist of said image. But, how can you be sure that's the original artist? Unless you take the time to investigate every single image you pin, you can't be. Which means you could very well be infringing on these artists' rights without even realizing it.
I've heard the other side of this issue, too. That pinterest is doing everything they can to address the copyright concerns. In May, they added a flickr attribution to the pin buttons.
But again, that was two months ago, and still murmurings and threats abound. I think what worries me the most is that pinterest's terms of use clearly states that each pinner is responsible for getting permission for everything.
Do we honestly all do that? Wouldn't that take up an inordinate amount of time? Most of us pin for a hobby or fun. Not a full time job. Also, and most importantly, how do we know the pins we're repinning off of other boards have followed the proper protocol? We really don't. We really can't.
This article here, written by a lawyer, reiterates that fact by breaking down the pinterest user agreement in no uncertain terms. Of course, it's just her opinion, colored by her profession, but over the last few days, this has been such a concern to me I actually emailed my agent for her thoughts. I was surprised to hear that she took all her boards down just recently after hearing Roni Loren's story. Better safe than sorry, she said. And I agree. I'm even going through old blog posts to take down any pictures there that have questionable origins.
So, as much as it breaks my heart to take down my pinterest boards (GAH! all those gorgeous pictures!), I feel it's the safest and most ethical route for me right now. I plan to go back to pasting any inspirational images I find into private documents. That way I'm not chancing displaying other people's work online without their persmission.
This isn't goodbye forever. I still think pinterest is an incredible concept. But until they get all the legal/ethical kinks worked out, I'm laying low. I'll keep my account sparse for now. I'm only going to have a board with my favorite book covers on it, and maybe my Etsy favorites. I think I can get by with that. ;)
Once the litigation waters get less choppy, I'll hop back in again with both feet, because eye candy is right up my alley.
What about you? If you pinterest, do threats of law suits concern you at all? Or have you grown so attached to your boards you can't even consider taking them down?
*****
**Special thanks to Bethany Crandell and Mindy McGinnis for bringing Roni Loren's post to my attention; to Bethany Taylor for pointing out the Shiny Shiny article; and to Katherine Ernst for the link to the lawyer's insights. You ladies ROCK!**
I'm struggling with the same concerns! So many useful things that will just be lost. But I think you're right - it's better to lose those images than to lose out on a law suit. At least I can still look at Pinterest and get ideas, even if I can't pin them.
ReplyDeleteI feel so bad that you and others have to do this. It seemed like such a promising site for visual people. :-(
ReplyDeleteJ.A. and Jessica: I know. What amazes and shocks me most about all this is how pinterest has arranged their terms so they're unnacountable for anything they might do. The user is instead the scapegoat. Doesn't sit right. :( A part of me wishes I had never jumped on board. Because now it's going to be so hard to tear down those lovely pages. Wah!
ReplyDeleteOMG. That's all I can say. WOW. Out of everything that's happened over the last couple of months, this definitely has to be the worst. What I hate the most is that the internet is such a ahige wide public place that people will go to such lengths as to sue? Even if that person has linked you? Even after apologising? It's the internet. Google has an images page. Yahoo has an images page. How many school kids copy images off the net every day? Will people hunt them down and sue them? It's absurd. Just goes to show how self-invloved our world is becoming. Everything is about covering your back these days. It's kinda sad.
ReplyDeleteBut what's worse is how Pinterest won't back up it's users. Now that is unfair. And kind of unjustifable really. What's the use of a repin if you're going to get sued for it?
It's hard to say whether or not to run the risk. Definitely as a book blogger, I don't really know how to go about it. I'll have to look at what Goodreads, Amazon etc say about using images, as that's my main source of images, but still...and I have Pinterest too and I love it! But knowing me, I'll be the one who gets sued. What to do eek! LIfe is so not fair sometimes.
Rant over. I'll miss your Pinterest boards. They are most amazing.
Aw, thanks Hannah. Seriously going 2cry when I take them down. I just don't think it's worth the risk right now. Maybe later, once they perfect things.
DeleteAs a regular frequenter of your Pinterest boards, I am VERY sad to see this happen. That said, as your friend I am VERY glad that you've made this decision. It's simply not worth the risk.
ReplyDeleteThanks Rookstar. I'm VERY sad about it. But it's for the best. :(
Delete*sigh*
ReplyDeleteI hate thinking about this...but you've convinced me. I'll probably take mine down soon (right after I save most of those pictures!).
Thanks for sharing
Aw Owly. I sooooo know what you mean. And I'm saving all mine, too. LOL. They're too inspiring not to. You're welcome. Here's hoping they'll get it right one of these days, and we can hop on again.
DeleteSigh. All this stuff is just such a headache! It's so sad when a good site is ruined by legal issues. :(
ReplyDeleteAgreed. Makes me sad, but at the same time, I'm just to chicken to risk it, you know?
DeleteYeah I know. My dad is a small investor in Pinterest and I told him to tell the folks in charge to get their legal stuff together! XD
DeleteHey Ashley. I'm sure pinterest has thought of this already, but just in case, maybe you can run an idea by your dad...
DeleteI think the best recourse would be to invite artists who are interested in free "advertising" and don't mind having their work displayed to sign up in a pinterest "network" that pinners could draw from legally. Then pinterest could provide a link list for pinners of said artists, and also put a unique "pin it" button on those specific sites so they will stand out from others who haven't signed up. This way everyone would be protected -- the artists, the pinners, and pinterest. If pinners chose to go outside of the "pin-it network", they do so at their own risk. Just a thought, but it might work? ;)
Awesome idea! I'll run it by him. :)
DeleteThank you for this, Anita. I read Roni's post last week, and frankly, it scared me. But I haven't done anything with my Pinterest. But I think I will and do the same as most of you - save them and hope Pinterest will change their terms in the future, especially since their losing users.
ReplyDeleteYeah, there has to be a way for pinners to have their fun without infringing on the artists who don't want to take part. The last thing I want to do is violate someone else's hard work by posting it w/out permission. ;-/
DeleteIf you're ingerested in the other side of the coin:
ReplyDeletehttp://pinterest-out.blogspot.com
So nice to meet you! And yes, I agree that it's an infingement on artist's rights, too. There's no way pinners can get permission from every single artist because it's close to impossible sometimes to track down the origins of pictures (especially the widely used images). That's why I'm jumping ship.
DeleteThank you so much for your input. As a writer, I wouldn't want my books pasted and shared online without remittance, so I totally understand your POV on this matter. ;)
I ignorantly hopped on board, thinking these pictures were public domain since they were already pinned to other people's boards (relying on them to do the right thing). I knew so little about copyright issues; lesson learned, and it won't be forgotten.
I just started using pinterest and had to delete all my boards and pictures. Eventually the law will catch up with them. They may say,"Oh! It's your own fault is blah, blah, blah", but that's like sites like you tube saying that it's not their fault if people upload copyright material to them and the law catching up on them.
ReplyDeleteIn the mean time, I pretty much abandoned my account. May use it eventually when I start publishing my books to post pictures of my covers on there. People can repin those to their hearts content. XD
Yep, it's just too iffy right now for me. I'm about to go to Vegas for a few days, but when I get back, my first priortity is to take down the boards. All but the book covers and Etsy. :)
DeleteI knew there was a reason that my intuition was saying No, don't Pin! That said, your boards are beautiful, and most likely nothing bad will come of most boards and folks who Pin. Roni's article is sobering... as for me? I use my own photos.
ReplyDeleteThanks Catherine. And yep, you were smart to listen to your intuition. I was led by my visual nature to get on board. Aack.
DeleteAfter reading Roni's article I am more aware on my blog and I hope that will be the same on pinterest. I am now taking my own pictures for my blog posts- which takes a little more time, but is worth it in the end. I guess with pinterest I am waiting to learn more about their terms and I plan to go through my boards very soon!
ReplyDelete~Jess
Flickr also provides a "creative commons" area where you can find lots of awesome pictures with only limited rights. That means you can use them as long as you attribute it back to the link/person from whence it came. I've found some really great stuff over there.
Deletesad to hear
ReplyDeleteI know. I'm sick about it. That's why it's taking me so long to take them down. But I don't want to infringe on anyone's rights unintentionally. *sigh*
DeleteI hate this because the whole idea of Pinterest is to get ideas from people with similar interests. I use pictures for inspiration as well- especially if I need to write an emotional scene. Visuals often work better for me than music. I'm so sorry you've had to take down the pins- at least you can still save them, but obviously you have a good eye, and now none of us can benefit :)
ReplyDeleteOh, wow, I didn't know about that.. I went straight to my blog and I've adjusted every picture I came across. Such a shame that things like this happen :( I love the whole idea of Pinterest and I can't imagine that anyone would use that to take advantage of other people their work. Thanks for sharing this.
ReplyDeleteI know, right? It's SCARY. And just for the record, I still haven't removed my boards. I've been insanely busy and can't bring myself to take them all down w/out saving the pics. So that's taking a while. I LOVE my pinterest pins, and I'm SO sad about taking them down. ;(
DeleteI had no idea you were even on Pinterest. I should have figured you would be. Wow. I had no idea about any of this stuff. Thanks for the info! I'll have to check out the links when I get a chance (and I owe you an email, too!). I have a zillion pins on Pinterest. I guess I can still browse around and save screenshots to my OneNote. That's what I do now with stuff I like but don't want to pin up for everyone to see.
ReplyDelete