Pinterest Terms wrote: 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.
Tiffany_B wrote: I think it's interesting that you stopped where you did
I stopped where I did because that's the important part.
Cold Brew Labs does not claim any ownership rights
The problem is not with the rights that they don't claim, but with the rights that they do claim.
This is extremely similar to the terms of usage of Model Mayhem itself:
No, it isn't. MM's claims are revocable (if I don't like what they're doing, I can remove the images and they no longer have any rights), Pinterest's are not; and MM does not claim the right to sell the images I upload.
Tiffany_B wrote: I think the entirety of the document is what's valid
The point is not what is or is not valid - the point is no one has voiced any objections to Pinterest not claiming ownership of the images. They also have not claimed ownership of my cat, the state of Hawaii, or the colour blue. Would you like to discuss those? .
You're right MM's claims are revocable but that doesn't render null and void any agreements they put in place in terms of licensing ... Chances are good that they're licensing for cash which means that they're still making money off your shots
Does MM sell licenses to the images that we upload here (or claim the right to), for use on other sites? In magazines? On mouse mats? This is news for me. Can you give any pointers to back this up? As far as I am aware, MM's license allows this site to operate (they have to display the images to people who come here) - nothing else.
what do you think results from the licensing, right to host curveball or those snazzy cat pics that serve as the error message?
I have no idea what results from curveball, besides boredom. Please enlighten me.
I think it's interesting that you stopped where you did in terms of that particular section of the "terms of usage" considering that the remainder of that statement reads
"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."
This is extremely similar to the terms of usage of Model Mayhem itself:
We do not claim ownership rights over your Member Content. However,you grant us the following worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display Member Content through the Model Mayhem Services, solely for the purpose for which such Member Content was submitted or made available. This limited license exists only for so long as you elect to include Member Content through the Model Mayhem Services and it will terminate at the time you remove or we remove such Member Content from the Model Mayhem Services. You grant each user of the Model Mayhem Services a non-exclusive license to access your Member Content through the Model Mayhem Services, and to use, reproduce, distribute, display and perform such Member Content as permitted through the functionality of the Model Mayhem Services and under these Terms of Use.
Oh and I'm pretty sure that Facebook has a similar set of terms as well...
And none of that addresses that fact that under the Pinterest T.O.S. and the US Copyright Code, if you pin something that you don't have the rights to, you are the one that will pay not just your costs of defense for Copyright Infringement, but those of Pinterest as well.
You did actually read the Terms of Service, didn't you?
If you pin an image on Pinterest without the permission of the Copyright holder, you are in violation of the Berne Treaty, US Copyright Law and international copyright law.
Even Pinterest's TOS reflects that - quote "You agree not to post User Content that:... infringes any third party’s Intellectual Property Rights, privacy rights, publicity rights, or other personal or proprietary rights;"
From what I can see, most of you are in violation. Fortunately, Pinterest is not at risk because in the TOS you also agreed to pay any legal costs, fines, etc. they might incur from your copyright infringement.
There's not much of anything there, yet. I also made a We Heart It account recently. I think I might like that better; I'll know when I start using them both more.
It's mostly for my face and body painting business. And my unabashed love for Gaga.
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