Pinterest. That’s Your Image, Not Now It Isn’t.
by Peter Zack
Sharing Your Content and Information
You own all of the content and information you post on Facebook, and you can control how it is shared through your privacy and application settings. In addition:
For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
Now comes Pinterest. The hottest new social media site. Actually I like the concept, it’s easy to navigate and easy to use. I’ve found quite a bit of interesting stuff there I probably wouldn’t have been exposed to. Yes I do have a board there with a couple images and that will be deleted today or at the very least, drastically modified. Why? Because their terms of service also grants them total control over what you post. As a wedding photographer, I would like to upload some samples of my work to display and promote the business. With these terms, I could potentially see a recognizable bride wanting to sue if one of her images was used in someone’s advertising campaign as an example. Unfortunately, once I’ve uploaded the image, I’ve lost total control over it’s use.
So when dealing with any social media, keep this in mind. Once you upload your photos, they are no longer in your control and they can do whatever they like with them, including sell them to a third party.
In case you didn’t take the time to read it, here’s the Pinterest TOS clause regarding content use:
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content through the Site, Application or Services, you hereby grant to Cold Brew Labs a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content only on, through or by means of the Site, Application or Services. Cold Brew Labs does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You might like to read this article in The Verge: Pinterest’s uneasy relationship with copyright law: what happens next.
Update Feb 2th, 2012: It seems Pinterest is reading all the interest in their TOS and have provided a “No Pin” metadata tag for your web site or blog. This goes part way to a solution at least for those who don’t want their work on the site and don’t even have an account. You can see the details here “Forbes”.
Cheers and good shooting
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- Review – Canon S90, Part 3: Image Quality
- Review – Olympus Pen E-PL1, Part 3: Image Quality & Conclusion
Tags: Facebook, Photography, Pinterest, Terms of Service