Here's an advertising attorney who has some pithy input on Pinterest, and PERMISSION is a pertinent concept.

 

"...And others have correctly pointed out that posting other people’s pictures without permission could be problematic."

"No, You Can’t Just Post Other People’s Stuff"

"For consumers, the likelihood that someone will challenge your right to content is probably low. For a business, the risks are much higher for two reasons: 1) commercial use (in other words, for business) is offered less protection; and (2) companies have deeper pockets.

If a company takes an image that belongs to someone else and pins it on a virtual pinboard, it could receive a letter from the copyright owner, accusing that business of infringing his rights. Such letters can lead to lawsuits and monetary penalties."

Attribution without ASKING is not permission.

Since Pinterest has not yet replied to my DMCA complaint, legal action may be the only recourse honorable folks have against photo thieves.

Are you running a business, promoting a business/company on Pinterest, or just hanging with your college classmates?  Either way, would it be hard to "Do the right thing?"

My friend Martini invited me yesterday, and I accepted and joined Pinterest.
I fully expect to brazenly promote my business on Pinterest.  Still forming a plan, but I think respect for copyright and trademark will be fundamental facets of any execution.

Yet, even on AR, we see advice given, and "Featured," that attribution in the way of a link back to a site is adequate, when it clearly does not comprise permission to use content.

 

 

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11 Comments on Pinterest? Attribution is NOT Permission.

MAR
21
2012
630,102 Points 5 Featured Posts Localism Sponsor Outside Blog

I closed my C-21 office in 1998 and was recruited by Keller Williams in 2000. This business is a lot easier, and more profitable without agents to worry about. Agents promote first and think later,
9:14am • #1
978,893 Points 114 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Yes, you're right Mike and it's going to be a nightmare on Pinterest with the copyrights.  Better to tread lightly.  BTW love the photo, it's so crisp and clear. 
5:25pm • #2
1,498,337 Points 352 Featured Posts Localism Sponsor Outside Blog Hit Router Attended Rain Camp Called Shot Master

Mike...

It's going to be a real problem for them, al a Napster. I'm in a quandary right now about how to deal with this website.
8:18pm • #3
MAR
22
2012
741,759 Points 18 Featured Posts Outside Blog Called Shot Master

David,

I think an office without a copyright policy and indemnity is playing with fire.  So many agents either don't get it, or think they will never be caught.

Carla,

Thanks!
Anyway, I think Pinterest has taken very deliberate steps to pin the blame on users.
The weakness, IMO, is the cavalier mention that linking to "the original source is always preferable."  It is misleading to the ignorant and comforting to the deceitful.

Richard,

It will be worth watching.
Some people are just anti-copyright, and dissipating the protections incrementally over time may be the goal.
5:18am • #4
847,775 Points 71 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Mike,  I'm on the fence with Pinterest.  I guess it is a good thing I do not have time to Pin.  If I do pin .... I will pin my own stuff and stay away from areas that may cause more issues that the photo was worth!
6:21pm • #5
741,759 Points 18 Featured Posts Outside Blog Called Shot Master

Kathleen,

I am on board with the pinning of my own stuff.  It seems that the Pinterest model is deeply dependent on us pinning other folks' stuff, however...
6:42pm • #6
MAY
19
2012
1,360,190 Points 93 Featured Posts Localism Sponsor Outside Blog Called Shot Master

I think I missed this. Getting ready for St. Pats.   Did you see the NAR SOP may change to tell us we can't plaigarize or infringe on copyright?  Imagine that.  I wrote a post....

How are you feeling about Pinterest now?

9:18am • #7
MAY
22
741,759 Points 18 Featured Posts Outside Blog Called Shot Master

Maureen,

I saw that NAR suggests members should not steal images and content.  NCAR offers a prototype office policy manual, and I asked the attorney who heads that function if they addressed copyright.  They don't and he thought it was a good idea.

A firm without a copyright policy and without indemnification from associates for copyright liability is taking on significant risk, I think.  Suppose some schmuck swipes one of Lenn's maps, posts it on a site hosted on the firm's server, or a national firm's server.
How many entities could she sue for poor oversight and hosting stolen content?

I have done nothing with Pinterest.  I struggle to get interested.
6:26pm • #8
MAY
24
1,360,190 Points 93 Featured Posts Localism Sponsor Outside Blog Called Shot Master

Pinterest is crawling with bots and marketeers now ... You can buy thousands of Re-Pins. What seemed like legit vendors  a couple of weeks ago are now linking to funky sites with work offers to Re-Pin thousands of time. 

 
12:52pm • #9
741,759 Points 18 Featured Posts Outside Blog Called Shot Master

Maureen,

There will be no end to it.

I was archiving local stuff on Scoop-It.  I started out making some comment about the articles when I posted them.
And then I found I was just posting them without commentary, a combination of me rushing and their beta grade software.

"Fair use" came to mind, and mindlessly posting the content without commentary doesn't seem to meet the definition of Fair Use, so I stopped.  I see Pinterest much the same, even to the point if getting spammed, as I now do from time to time from Scoop It members. 

More Back to Basics, and less Next Shiny Thing comes to mind.
1:10pm • #10
1,360,190 Points 93 Featured Posts Localism Sponsor Outside Blog Called Shot Master

I signed up for Scoop-It but have never used it. 

I see people take a photo and post it on Scoop It, Posterous or Tumblr and then Re-Pin it, giving their Scoop-It, Posterous or Tumblr a link and credit for the content, the creator of the content left far behind... 

 
1:52pm • #11

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Mike Jaquish 919-880-2769 Cary, NC, Real Estate

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