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Pinterest: Legal, Compliance Nightmare?

March 19, 2012
[ by Melanie Gretchen ] Pinterest may have presented the latest lesson in copyright law as the online pinboard continues its popularity.  Some lawyers say that users posting content from across the web could face lawsuits if they don’t have permission to use the content. Etiquette Code. For its part, Pinterest itself as a site that lets you organize and share “all the beautiful things you find on the web.  However, its etiquette code - to "try not to use Pinterest purely as a tool for self-promotion" - may extend to reserving use of the site to one's own content, according to Jonathan Pink, a California-based intellectual property lawyer with Bryan Cave LLP in an interview with the Law Blog. Ownership. For example, Mr. Pink said that if a Pinterest user sees a piece of furniture that he or she likes, or a tasty-looking cookie, they’ll be safe taking out their smart phone, snapping a photo, and pinning it. On the flip side, Mr. Pink said, "if you are going to play it conservative and safe, you should never pin an image on Pinterest for which you don’t own the copyright interest or for which you have not obtained a license from the copyright owner."  Exceptions: Old photos that pre-date 1923 can be "safely posted" under copyright law, he said. One area that might be somewhat less risky is recipes.  You can post a recipe as long as you are creating the text of the recipe yourself, according to Mr. Pink. For Profit. Another lawyer, John William Nelson, from Atlanta, who writes on law and technology issues, said users must be careful that they aren’t trying to profit off someone else’s work.  Example: Avoid using other people’s images to make calendars and picture books, he said. Branding. Brand managers have a further obligation.  Kyle-Beth Hilfer, a Chappaqua, New York-based attorney who specializes in intellectual property, in a recent blog offered some tips that "brand managers" can use in handling Pinterest.  Among her concerns was the use of images containing a celebrity. She wrote, "As always, the company should obtain permission." Self-Regulation. To address the issue of copyright protection, the website issued a statement to Law Blog, detailing the rights of copyright holders and recommended practices, in accordance with the Digital Millennium Copyright Act.  "We strongly encourage people to pin from the original source or permalinks, give credit to the content owner, and include a thoughtful pin description.  If a user notices that a pin is not sourced correctly they should leave a comment so that the original pinner can update the source." Content owners who do not want their material shared on Pinterest can add a small piece of Pinterest-provided code to their site that prevents Pinterest users from sharing that site’s content.  Those who do can add 'Pin It' buttons to their site, making it easier to identify content that is okay to add to Pinterest." For further details, go to [WSJournal, 3/13/12].