Pinterest is now the third most popular social network
on the web, behind Facebook and Twitter. It widely popularity among
female users and has identified it as a niche Social Network. But with
great popularity comes great responsibility. It has to ensure that
copyrighted content doesn't show up on its site.
Pinterest differs
to other social networking sites such as Twitter and Facebook which
encourage users to share personal experiences and photos rather than
content created by someone else. Facebook asks you each time you upload
a photo if you have permission to use it. The Legal burden lies with
the original user who posted the image rather than those who share links
to it.
Pinterest doesn’t ask its users to consider permission
before each ‘pin’ aiming to make the user experience seamless. While
having your content shared arguably helps popularize it, many artists
and photographers may want to be asked or paid first.
Pinterest’s terms of service states:
“Pinterest
allows you to post content, including photos, comments, and other
materials. Anything that you post or otherwise make available on our
Products is referred to as "User Content." You retain all rights in, and
are solely responsible for, the User Content you post to Pinterest.”
Pinterest
puts the burden on the user, rather than itself, asking Pinners to
retain all responsibility for copyrighted content.
Further, it
emphasizes that Pinterest is not responsible for all the theft the site
encourages. That sounds like a foolproof way to keep Pinterest out of
legal trouble, and to get users into it. Not only is this a good way to
scare away followers, but it's a bad way to not get in trouble.
To
its credit Pinterest has developed a code to be placed for websites
whom would like to disable pinning. Flickr welcomed this offer and
blocked the social network for content that falls outside of the
creative commons domain. Pinterest has yet to adopt a further strategy
to go further like Flickr whom asked users to record the rights of
images. Critics say this would make the function of pinning less
seamless and damage the ‘frictionless mechanism for sharing’. Pinterest
has adopted and implemented a Copyright Policy in accordance with the Digital Millennium Copyright Act. Stating it ‘respects the intellectual property rights of others and expects its users to do the same’
Pinterest
runs the risk of scaring users away in fear of getting sued it
encourages sites to block the social network, making the whole system a
lot less useful since, without content to Pin, what's the point of
Pinterest?
All of these fears, however, depend on the copyright
holder caring. Individual photographers, might care, but so far
retailers have yet to complain. In fact, many of them are working with
Pinterest, integrating pin widgets on their sites. For now, they
apparently see no reason to complain about copyright when all those pins
are bringing exposure to their products and services which are driving so many sales.
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