Why I don't want my photos "pinned" on Pinterest
Screenshots taken Wednesday. All these photos are mine, "pinned" without permission.
Many of you are fans of Pinterest and maintain numerous boards containing "pinned" photos you find on the web. But I don't want even one of my photos on Pinterest. Until Wednesday night, there were about 100 of my photos and probably more on Pinterest, all pinned without permission (and a few without credit). Pinterest removed the images after several email exchanges, in which I provided specific links to each individual photo.
Over-exposure is bad for business
I receive no benefit whatsoever from having my photos displayed on Pinterest boards. Contrary to popular belief, Pinterest doesn't drive traffic to my blog or to my website. And I firmly believe that too much exposure is bad for business. If you see the same image 50 times in random places, it begins to lose its impact and financial value.
The internet rapidly is becoming over-saturated with images, making the unusual and exotic seem unremarkable and commonplace. I want to choose the places and publications where my photos appear; I don't want them "pinned" randomly on glorified community bulletin boards, alongside dozens of other images of varying quality.
Section 107 of the Digital Millenium Copyright Act (DMCA) includes this passage examining a factor in determining "fair use" of an individual's work: "...The effect of the use upon the potential market
for, or value of, the copyrighted work." Accordingly, copyright law provides that the copyright holder decides who uses their images and any fee to be charged.
Yet Pinterest is - by its very nature - undermining respect for copyright protection. And online infringement of copyrighted images appears endemic. This "theft by stealth" undermines the market for legally-licensed images and undercuts fees for professional photography. While Pinterest continues to grow, develop its business model and secure more funding, it needs to do a better job of communicating copyright issues to its (reportedly) 28 million users. And Pinterest users should take heed of its Terms of Service!
Efforts to protect copyright
For over a year I've tried to stop my photos from being "pinned." I reluctantly put Pinterest's "do not pin" code on my blog (akin to locking my door to prevent burglary). I've wasted hours of my time and energy compiling links to every individual photo I can find and providing said links to Pinterest staff, asking the images be removed.
Last weekend I was forced to delete my 500px photography account, as there seemed no foolproof way to stop those images being grabbed for Pinterest. It is unreasonable that I have to spend so much time and effort - and delete a separate showcase for my work - because of multiple instances of copyright infringement on Pinterest.
Since writing my first piece in December, 2011 about copyright issues with Pinterest, the over-use of images on Pinterest, Indulgy and the like prompted my decision to prevent my photos from being used anywhere without permission. Whether you like it or not, pilfering a photo is the same principle as swiping a record or grabbing someone's manuscript. It's my original work - not yours - and you don't get to decide what to do with it.
I wouldn't presume to visit your office (virtual or real) and remove something from your desk for my personal use. I wouldn't take the play you've written or the dress you've designed and use them however I like. That would be stealing! So why do so many people stubbornly cling to the misguided notion that if a photograph is posted on the internet, it's free??!!
Google aggregation of images
Of course it's not just Pinterest at fault for pushing photographers to be ever-vigilant about unfair use of images. Despite lawsuits by photographers' groups, Google's search engine grabs images from blogs in scaled down "thumbnail" size, then links to them full size, with the tiny disclaimer tagline "Image may be subject to copyright."
In the Perfect 10, Inc. vs Amazon.com, Inc. and Perfect 10, Inc., vs. Google cases, the United States Court of Appeals for the 9th Circuit ruled that scaled/thumbnail images used in a Google Image search engine constituted fair use. The court said that Google transformed the images from "a use of entertainment and artistic expression to one of retrieving information," citing the similar case Kelly v. Arriba Soft Corporation.
Unlike Pinterest, Google lacks ability to scrutinize its content. Pinterest's control over its own content makes it responsible for monitoring copyright infringement - particularly as photos copied are a "mirror image" of the original copyrighted photographs. Under the Digital Millenium Copyright Act, this is not considered fair use!
"Copyright law protects the fruits of creative efforts, called "original works of authorship" in legal terminology. A copyright owner enjoys the exclusive right to reproduce the work, distribute it, display or perform it and to create derivative works from it, as well as the ability to transfer any or all of these rights. Copyright protection generally lasts for 70 years beyond the death of the original author. Copyright's purpose is to stimulate the production of creative works by giving authors a financial incentive to create new works. Examples of copyrightable works include blog posts, photographs, videos, podcasts, news articles, musical compositions and computer software." - The Citizen Media Law Project
Every time I search - here on a Paris board - I find more of my photos.
My Marie-Antoinette-related photos were "pinned" on at least three Pinterest boards.
Some images "pinned" from my 500px account; sadly, I was forced to delete it, due to rampant Pinterest "pins."
This "pinner" gave someone else credit, even though my watermark is clearly visible on the photo. Ask permission before you "pin" someone else's photo. It's a small courtesy that can save all concerned from future legal problems.
I appreciate that having your work pinned on pinterest upsets you, but I have a different outlook on the site. I think that the idea of pinterest stealing work is like saying that a mix-tape steals work from musicians. In a technical sense, you might be correct, but the sentiment is completely different. Pinterest, like a mix-tape is a way for someone to compile the pictures (songs) that they love & share them with other people. The makers of the pinterest boards/mix tapes are not selling these collections, it is more a way to stitch together different inspirations and ideas and either enjoy & be inspired by themselves or share these with other people who might also appreciate them. I see it as a way to spread artistic inspiration & the progress of different ideas throughout the population who would be open to new ideas & might otherwise be left in the dark.
I also create visually, and while I would be upset if someone was taking my art & outright selling it under their name, I think pinterest is a different beast & overall I think it & sites like it are overall good for spreading creativity & ideas. Just my 2 cents.
Posted by: Amelia | 13 February 2013 at 08:08
Thanks for posting this, Tara. I confess, I just don't "get" Pinterest. I have a small board and rarely go there or add to it -- and if I do it's generally from sites that "want" to be pinned. If I've done otherwise and used work from a blog, etc., I always ask. In your case, particularly, as a photographer, the oversaturation issue is really a point I hadn't thought of before. Makes perfect sense. I suspect I'll return to this one again. Well said.
Posted by: jeanie | 12 February 2013 at 22:31
When I first found out about Pinterest I thought it was like keeping a scrapbook - just as I might cut out magazine photos and stick them in a book for say, interior design inspiration, or colour moods for a quilt design, or places I might like to go, I could make a Pinterest board. Then I found out it was a social media website, and it put me off rather. I don't particularly want to share what I like, just put it somewhere for my own reference.
I thought it was quite odd that Pinterest actually copies the photo that you "pin", rather than linking directly back to the original source, which can make it pretty hard to find the original source if something is pinned multiple times. So I haven't bothered with it at all. I can always save thumbnails to a photo on my desktop, just for my personal inspiration.
Posted by: Catherine | 10 February 2013 at 10:55
Beautiful Tara, I had not come to fully see Pinterest as such, until it was brought to my attention this week that there are hundreds of my photos pinned that don't link back to me. Gobs of them really.
So, that is where things get hazy for me. And, makes me sort of sad really.
One thing I have enjoyed is seeing what people pin from my blog and what they like.
But, now I totally see your point too.
Also, there is so much eye candy out there, it's astounding. Makes real world blurry.
Ah, the good and the bad of the internet.
Sigh.
Love, Vanessa
Posted by: Vanessa {a fanciful twist} | 09 February 2013 at 14:10
Rachael, I'm glad you find inspiration on Pinterest. But I admire a lot of people's work - where it is displayed - but I don't take it home with me, unless I can afford it. If people admire my work, they should ask permission to use it/purchase it. The internet is not a free-for-all, where people can just take what they like and use it for their own purposes. Copyright law applies to photographs and artwork, as well as original content.
Posted by: Tara Bradford | 09 February 2013 at 13:15
Well said Tara.
Posted by: Carina | 09 February 2013 at 11:49
Thank you so much for enlightening me on the aspects of Pinterest I have never considered...Here I am, an artist, hoping someone would pin me, when in fact it's tantamount to giving away my art. I just never thought of it that way..I thought of Pinterest as advertising or self-promotion.. However, every point you made was correct and so insightful. I'd like to know if you would want to share your perspective somehow on my facebook page, with your blog's link or some other way? The professional artists groups I know of may benefit, too. With much appreciation~ Carole
Posted by: Carole Mayne | 08 February 2013 at 17:51
Sorry that you had to write this post, but glad that you did. To be honest, I am shocked by the first screenshot. Someone did that using all of your work! Like I've said before re: this issue, stealing is stealing regardless of intent. *sigh*
Posted by: Ally Bean | 07 February 2013 at 21:13
Definitely food for thought on my own use of pinterest.
I know I ask permission if I pin something from someone's blog, which I think I have done about twice. However, if I find it on pinterest I have pinned it to my boards. Sometimes I am curious when I don't find a link to the originator and have not felt comfortable with that. I did check my own pictures to see if my things were being pinned. It is pretty amazing. What I did find mostly were pins from my website for my sewing patterns and felt that was free advertising. Your post does give my pause to think on these things. Thanks!
Posted by: Marilyn | 07 February 2013 at 17:37
So many people seem to think that because they can easily steal someone's online work (words or pics or music) it is ok to do so.
NO. Just because it is easy doesn't mean it's ok!
To Rachael who posted above -- PURCHASING someone's work is a compliment. Stealing it? No.
Posted by: Vicki in Michigan | 07 February 2013 at 16:35
I am a student, and use pinterest for inspiration for my work. I understand why you don't want your photos pinned, but it is a compliment! people are interested in, and admire your work. Pinterest acts like my mood board for projects, I would hate to think I have offended someone by pinning their work.
Posted by: Rachael | 07 February 2013 at 15:20