Tag Archives: dmca

Perfect 10 suing Tumblr How it Affects Pinterest

Perfect 10 vs Tumblr lawsuit only indirectly affects Pinterest.

Paid Content published a piece today about an adult web publisher filing a lawsuit against Tumblr.

In a complaint filed Friday in Manhattan, Perfect 10 claims Tumblr failed to remove unauthorized photos posted by its users. The company, which sells nude model photographs through a magazine and website, says Tumblr not only turned a blind eye to copyright infringement but that its staff uploaded images themselves to jumpstart the business.

This case may help address issues around fair use and safe harbor provisions for image hosts, but there are two potential distinctions from Pinterest.

1. If Pinterest has figured out a way to promptly address DMCA takedown notices, they will avoid this aspect of any potential court ruling. Scaling DMCA takedown processing is a key to the new breed of image aggregation sites, and Pinterest has taken steps to do this.

2. It is unlikely that Pinterest employees ever pinned Perfect 10 photos, but it is possible they pinned images they didn’t have the rights to. When copyright issues came to the forefront in February, Ben Silbermann the CEO of Pinterest, actually modified his board to remove images he might not have the rights to. Pinterest is certainly aware of this issue, and it likely has circulated some guidance to their employees.

This week I posted a video that addresses why Facebook purchased Instagram. While the ability to track who we are connected with (i.e. the social graph) certainly was a key to this purchase, I talked about how images are a big part of the future of the web. Cases like Perfect 10 v Tumblr will help determine the ways we access images and how site are able to aggregate this content.

 

Private boards coming to Pinterest

Pinterest announces new terms of service & that private boards are coming soon.

For my latest post about future Pinterest private boards and current alternatives click here.

As many of us have speculated, Pinterest today acknowledged that their original terms of service were a standard set of terms that didn’t really reflect the intent of what Pinterest was or is. To correct this, Pinterest announced a number of changes to their terms of service, acceptable use and privacy policies. These changes will take affect on April 6th.

Pinterest removed the language that allows them to sell the images you pin.

Our original Terms stated that by posting content to Pinterest you grant Pinterest the right for us to sell your content. Selling content was never our intention and we removed this from our updated Terms.

The number one request from Pinterest users is having the option to have private boards. Pinterest is listening…

Finally, we added language that will pave the way for new features such as a Pinterest API and Private Pinboards.

It will be interesting to see what Pinterest does in terms of API. Many marketers and brands have been interested in better analytics, so we might see that come out of future API offerings.

Pinterest makes it easier to report copyright violations.

Previously, all copyright violation reports had to be made as DMCA take down notices. And those had to be submitted by email or mail. Now Pinterest has a new online form.

Once you click on “Report a pin” you will see these options.

If you click on the intellectual property link, you are taken to the copyright page where you can scroll down to find an online copyright complaint form.

This form allows for listing complaints on multiple pins as well as showing the images on sites you may run or own.

You will also need to provide your:

  • Full Name
  • Street Address
  • City
  • State/Providence
  • Zip/Postal Code
  • Country
  • Phone Number
  • Email Address
  • Full Name as Signature

To complete the form you have to affirm three seperate statements:

I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).

I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed

The information in this notice is accurate.

I view these improvements as an important step by Pinterest to address consumer and business issues, while at the same time, keeping Pinterest going in the right direction.