Will Pinterest go the way of Napster? If it was up to me, the answer would be “YES!”

By
Real Estate Agent with Better Homes and Gardens Real Estate Metro Brokers
http://actvra.in/xJm

Spring AzaleasTo tell you the truth, I never even looked at Pinterest until yesterday. After all, I am loathe to use the work of others for my own benefit.

But after discovering that many of my images were being used without the required accreditation or citation, I became incensed.

Why should I give up the rights to my work and get nothing in return?

I don’t want to speak for Pinterest, but it seems that their justification is that if there is a link back to the original site, that is enough.

Not so. Many of my works are displayed on sites that are not mine and used by permission with a limited license agreement. So if my photo is pinned from a site that is NOT mine, I get NOTHING. Zero. Zilch. Nada.

Pinterest seems to claim that “safe harbor” applies to them. I sense a long and protracted uphill fight for them.

Am I missing something here?

Why should I have to fight to protect what is mine?

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Re-Blogged 1 time:

Re-Blogged By Re-Blogged At
  1. Debbie Solano 03/24/2012 08:10 AM
Topic:
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"Whacked"!!!
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Rainer
96,502
Larry and Marilyn Mennetti
FIVE STAR REAL ESTATE - East Grand Rapids, MI

COPYRIGHT LAW SAYS THE PERSON TAKING THE PHOTO OWNS THE RIGHTS TO THE PHOTO "UNTIL THE PERSONS DEATH PLUS 70 YEARS". JUST THE ACT OF TAKING THE PHOTO IS YOUR COPYRIGHT....NOTHING ELSE NEED BE DONE. THE PHOTOS ARE YOURS. 

WE JUST HAD AN AGENT "BORROW ALL OUR PHOTOS" FROM AN EXPIRED LISTING AND USED OUR "WORK" ON HIS MLS LISTING AND ALL THE OTHER PLACES THE INFO GOT PUSHED OUT TO. 

THE OTHER AGENT WAS INFORMED HE DID A "NO-NO" AND DID TAKE THEM DOWN AFTER A CONVERSATION WITH OUR BOARD AND BROKER. 

HOW CAN THE NEW AGENT SAY HE WILL DO A BETTER JOB THAN THE OLD AGENT AND THEN USE THE OLD AGENTS MATERIAL TO DO THE BETTER JOB...???? MAYBE WE WERE NOT DOING THAT BAD AFTER ALL ;)

 

March 23, 2012 01:33 PM #44
Rainmaker
148,596
Susanna Haynie
Falcon Property Solutions, LLC - Colorado Springs, CO
Colorado Springs Realtor - CNE, MCNE, ePro - Cell:

Seems I am a bit more naive about Pinterest. In 'the old days' I used to have binders where I collected cutouts. Now I just have to 'click' on it and save it to a board and I can look it up any time. I like it. I love it and everyone needs to determine that for themselves. @Judy - we are on the same page! Yes, take a look at it and re-pin! :-)

Whatever I post on my website and blog, PLEASE pin it, post it, link it. I do try to use mostly my own photos on my blog - after all I always have my iphone with me so it's easy! Whenever I do a blog post and pin/publish it, my traffic increases strongly.

 

 

 

 

 

March 23, 2012 01:37 PM #45
Ambassador
1,648,313
Richard Weisser
Better Homes and Gardens Real Estate Metro Brokers - Newnan, GA
Richard Weisser Coweta Newnan Homes for Sale

Karen...

Lol ... "Coweta Fayette" are the two Georgia Counties I work in my real estate business. And although they may not mean much to you, around here there are a lot of "Coweta Fayette" businesses. One of the big power companies is Coweta-Fayette EMC for example.

I own the mark "Coweta Fayette Real Estate" and as you might imagine it is great for SEO! Pretty cool, huh?

Emmary...

It all depends on your perspective I guess. If you tend to create, you abhor it. Thanks so much.

SECG...

All I am saying that as long as I get to choose what is done with them I am OK. Like reblogging on ActiveRain. As long as I get to approve it it is fine with me.

 

March 23, 2012 01:58 PM #46
Ambassador
1,648,313
Richard Weisser
Better Homes and Gardens Real Estate Metro Brokers - Newnan, GA
Richard Weisser Coweta Newnan Homes for Sale

Mike...

You are correct. But I like the attention from Google! And you are right, I am NOT being accredited on Piterest.

BTW Google images is very clear about images and copyright. I do allow my photos to be indexed by Google because if someone clicks on it, they usually find me. Thanks.

Joetta...

You would be amazed at the number of people that crop off the Copyright notice ... like that makes it OK. Thanks.

As for saving the pic, no problem unless you republish it ... which could result in anything from a $500 user fee (My customary charge) to a $10,000 statutory tort. It's something to think about.

 

March 23, 2012 02:03 PM #47
Ambassador
1,648,313
Richard Weisser
Better Homes and Gardens Real Estate Metro Brokers - Newnan, GA
Richard Weisser Coweta Newnan Homes for Sale

Bryan...

As long as I put MY content there, it's a super site! Thanks.

Brad...

On ActiveRain, there is a checkbox that says something like "This is my content..." Pinterest, on the other hand, installs a gizmo that BY DESIGN is used to pilfer images and other content from around the web. I think that this is where their legal perils lie.

BTW, as long as somebody directly pins a photo from one of my sites, and a link is automatically installed, and they NOTIFY me, they have met the minimum license requirement to use one of my photos as posted in the sites fine print.

I think that has always been very liberal and very fair.

March 23, 2012 02:09 PM #48
Rainmaker
1,243,213
Gene Riemenschneider
Home Point Real Estate - Brentwood, CA
Turning Houses into Homes

I hope it fails just because I do not want to deal with another social network.  I am busy with the ones I know already.

March 23, 2012 07:17 PM #49
Rainmaker
234,634
Emmary Simpson Tierra Antigua Realty - Tucson AZ
Tierra Antigua Realty - Tucson, AZ
Serving Tucson AZ

Here's something else to chew on for folks who are saying that they're loving Pinterest - http://blogs.scientificamerican.com/symbiartic/2012/03/19/pinterests-terms-of-service-word-by-terrifying-word/

(THIS IS NOT MY BLOG. It came in a google alert)

March 23, 2012 08:18 PM #50
Rainer
118,711
Ron Aguilar
Real Estate Buying Advice - Salt Lake City, UT
Mortgage & Real Estate Advisor since 1995

focus on ActiveRain, Facebook, Twitter and LinkedIn, something more productive 

March 23, 2012 09:00 PM #51
Rainmaker
318,810
Jon Quist
LONG REALTY - Tucson, AZ
Tucson's BUYERS ONLY Realtor since 1996

I would not even know about Pinterest if it were not for bloggers and groups like Linked In. I personally just don't need another possible way to get into trouble.

Hey, our Spellcheck doesn't even recognize the word!

March 23, 2012 11:32 PM #52
Rainmaker
170,660
Ellen Kippel
Weichert Realtors - Suffern, NY
Realtor Suffern Rockland County NY 914-588-2365

I was just getting ready to learn more about pinterest.  After reading your blog, I'll pass and hope that the lawyers do line up and nip this in the bud.  I have many of my pictures on google and yahoo but it goes back to my website or my AR blog.  That's fine.  If it goes to the link that picked off my picture and not to my link, I'd be mad as hell and I wouldn't want to take it anymore.  I hope someone gets on this fast.  Thanks for the heads up!

March 24, 2012 06:19 AM #53
Rainmaker
81,527
Debbie Solano
Coldwell Banker Select, Realtors -- Tulsa, Oklahoma - Tulsa, OK
CRS -- Tulsa, Oklahoma Horse Properties & Land

This is what I first posted as a comment to this blog:

Pinterest is here to stay. 

It has caught on like wildfire.  It has been on my "to do" list to figure it out since I first heard about it last July.  However, I've never "pinned" anything because I've been too lazy to do any of it.

Nevertheless, I have put "Pin It" buttons on all of my WordPress websites.

If it pushes traffic to my websites, that's pretty much all I care about. 

It's not going away.

I want to learn to use it to my advantage --- when I get around to it.

 

Then I read more of the comments and following the hyperlinks -- and reading.

I just read the article to which Jeff Pearl hyperlinked above .  Pretty scary.

I'm thinking I'd better stay off Pinterest so I don't infringe on anybody else's copyright.

However, I am going to leave the "Pin It" buttons on my websites on Oklahoma Horse Properties, Tulsa Short Sale Agents, or Land and Ranches in Oklahoma, beach vacation rentals in Cancun and Playa del Carmen, etc.  I have many websites.  If people want to use my photographs, so be it.  They are my own. 

If other people's pinning my photos on Pinterest pushes traffic to my website, then I will have succeeded in my mission. I only use my own photos.

I am not in the photography business.  I am hoping to improve my skills.  Perhaps when I am better at taking photographs, I'll cry "foul."

So, in short, I will not be creating Pinterest boards.

However, others can "pin" my sites, pages, and photos at their own risk.

Thanks for a great article and some great discussion.

March 24, 2012 06:39 AM #54
Rainmaker
765,167
Mike Jaquish
Realty Arts - Cary, NC
919-880-2769 Cary, NC, Real Estate

Credit Your Sources

Pins are the most useful when they have links back to the original source. If you notice that a pin is not sourced correctly, leave a comment so the original pinner can update the source. Finding the original source is always preferable to a secondary source such as Image Search or a blog entry.

So today I got the email that Pinterest has updated their TOS, effective April 6.  The above is an excerpt from "Pinning Etiquette."  Buried in the Pinterest TOS is a much more instructive and legalistic bit of prose putting copyright infringement back on the member, indemnifying Pinterest.
Why would that not be in the Pinning Etiquette section, rather than the vague excerpt above?

They do also say they have implemented an easier method to report copyright infringement.  Remember, that is to squeal on members, and those members agree to indemnifying Pinterest for all infringement claims when they pin and repin.

March 24, 2012 06:59 AM #55
Ambassador
835,575
Barbara Martino-Sliva
Dale Sorensen Real Estate Inc. - Vero Beach, FL
Vero Beach Real Estate Vero Beach Homes for Sale

Richard, it is certainly very popular..time will tell us about Pinterest...great post!

March 24, 2012 07:09 AM #56
Ambassador
1,166,973
Tammie White
Benchmark Realty, LLC (615) 495-0752 or www.TWRealtyGroup.net - Franklin, TN
TW Realty Group, Franklin TN, South of Nashville

Richard, I know there have been quite a few posts recently surrounding this debate. I haven't explored this venue yet. I can see I need to go back and read all the articles before considering this. But I definitely see your frustration.

March 24, 2012 08:28 AM #57
Rainer
32,011
Penny Bergstrom
Delicious Decors, Stage, Design, Remodel 805.448.9226 - Santa Barbara, CA
Home Staging, Interior, Design & Remodel, Santa Barbara to LA

I'm with Diane here. I enjoy Pinterest very much and it does give you some google juice along the way. If you don't want something copied from the internet, don't post it!

If you're a professional photographer, watermark your images before posting on the internet and be happy someone likes your work enough to share it. My husband's a professional photographer and he has no objection to others sharing his work. It's a compliment and a win/win. 

I do think Pinerest has some issues, but belive they are trying hard to work those out. Here's an interesting article if anyone cares to read it. 

http://tech.fortune.cnn.com/2012/03/22/pinterest-silbermann-photo-sharing/

March 25, 2012 01:00 PM #58
Rainmaker
577,703
DeeDee Riley
Lyon Real Estate - El Dorado Hills CA - El Dorado Hills, CA
Realtor - El Dorado Hills & the Surrounding Areas

Hi Richard,

I understand your concerns but I'm with Diane and the minority it appears that enjoy Pinterest.  I mearly see it as a way to save things I like more than a way to make money off of someone elses things.  I tend to take it as a compliment if someone pins or repins something of mine.  It affects me like reblogging!  Thanks though for sharing your concerns!

March 26, 2012 11:21 PM #59
Rainmaker
1,391,373
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

I enjoy Pinterest waaaaaaaaaay less than I did before I looked at it under a microscope. I have read and reread the orig TOS and the new stuff.   Since reading and thinking I have pinned and unpinned and repinned and unpinned because I realized a "pinner" had no permission to pin the picture and the link goes to a Tumblr site that shared it from another Tumblr site, which shared it from some huge site...  and the owner of the image got a mention from the huge site but not even a link (or got a link...)

Pinterest is a hot mess but I am still a member.  I have never totally taken down my boards. 

I say "hey you, what are you linking to the image on  Gooogle image search for?" and get emails from realtors, saying they just "repinned" the image.   I unfollow real estate professionals and social media gurus  who prove over and over they are not pinning safely or linking with love. 

I look for images that I used and attributed and linked to which had a license that allowed me to use it, that are wrongly attributed to me or to ActiveRain because the "pinner" did not bother to read the post and just snagged a pretty photo and the accompanying link. I do not like seeing photos  I shared on ActiveRain that has a license that allows me to use it, pinned and ActiveRain (my blog on ActiveRain)  given credit and traffic for the photo.

I think Pinterest could go the way of Napster, but then again there are critics of ActiveRain that have said for years that all the "repurposed" content here (images used without permission, blog posts copied and pasted from other publications and passed off as original content of the member) would make ActiveRain fail. There has been pressure to quit AR because of other members stealing content (for points?) and ActiveRain's inablity to police itself and it's members. 

I think the new Pinterest TOS is a step in the right direction but I think there will be more changes to Pinterest in the future. The cost of taking down the content that does not belong there if owners demand it could sink Pinterest.  And legal challenges... and hackers posting Walmart coupons that are phishing... and spammers and scammers using Pinterest to post whatever will provide them with more income will turn people off.    

Or perhaps copyright law will evolve and change because of Pinterest? 

 

March 27, 2012 05:35 AM #60
Rainmaker
275,750
Kasey & John Boles - Jon Gosche Real Estate
Jon Gosche Real Estate, Boise ID - Boise, ID
Boise, Meridian, Ada/Canyon/Gem/Boise Counties

I know this post is from a few months ago, but I have not yet even looked at pinterest, mostly because I don't want just one more social network thing to eat up my time.  It seems like with the internet things keep getting messier and messier with copyright, etc.  Same thing is happening with listing and our obligation to not falsely advertise.  Messy.  Has anything changed with pinterest regarding this over the course of the last few months?  -Kasey

May 31, 2012 08:54 PM #61
Rainer
14,593
Carol Farrish
Virtually Carol - Cleveland, OH

I am with  Maureen hoping that copyright law changes. The web is all about sharing. Pinterest allows you to share what you are interested in. As long as you pin from the source, the owner gets credit.

If you have something you don't want others to look at, share, & think about, the best approach is not to  put it on the web or specifically on Pinterest.

June 11, 2012 04:05 PM #62
Rainmaker
1,391,373
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

Carol wrote "I am with  Maureen hoping that copyright law changes."

Huh?  I had to read what I wrote, I don't think that I have ever hoped copyright law would change. I believe it may change.  I wrote  "Or perhaps copyright law will evolve and change because of Pinterest? " I am fond of the status quo.


June 12, 2012 04:01 AM #63
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