Forums > General Industry > Pinterest vs SOPA

Photographer

howard r

Posts: 527

Los Angeles, California, US

KCLynne wrote:

I never said at this moment that I was financially strapped for starters. But seriously???  If I was THAT financially strapped to where I couldn't afford electricity do you really think I'd be writing a short story???  No, I'd trying to figure out a way to get out of my situation.  But to answer your question....I would be thrilled.  I write because I love to.  Because it means something to me.  Just because I model because I enjoy, and I sing because it makes me happy.  I'd do it for free.  I don't do this to be rich and to make a ton of money, I do this because I really want to, and because I love what I do.  The problem here with so many is $$$$$$.   When you stop doing stuff because you love it, and start worrying about the $$ you can get from it, then why are you still doing it.  I'm a firm believer in doing things that you love and make you happy.  If you happen to get paid in the process that's great.  If not, at least I'm happy. 

Oh wait, I forgot, that doesn't set well with the mindset of today where everything is about how much money you have and all the material things.  Because apparently you can't be making lots of money, or suing people for lots of money, or doing whatever it takes to make LOTS OF MONEY to be happy. 

So yes...I WOULD BE THRILLED!!

kc - obviously i have no idea of your current situation. the intellectual challenge was IF your kids were living in cheap hotels rooms that you couldn't even afford to pay for, and there was no end in site, would you still be thrilled if your writing was used (or your face ended up on a box of clarol shampoo, or whatever) without compensation?

in other words, if being paid for your work as an artist allowed you to feed your family, and not being paid meant your children suffered, would you still be so casual about it?

Apr 21 12 11:21 am Link

Photographer

Studio MD - Casting

Posts: 1227

Los Angeles, California, US

howard r wrote:

kc - obviously i have no idea of your current situation. the intellectual challenge was IF your kids were living in cheap hotels rooms that you couldn't even afford to pay for, and there was no end in site, would you still be thrilled if your writing was used (or your face ended up on a box of clarol shampoo, or whatever) without compensation?

in other words, if being paid for your work as an artist allowed you to feed your family, and not being paid meant your children suffered, would you still be so casual about it?

Howard... get back to the game. No one cares about particulars or the ideas that other people have. Please read my last post before we start calling you a poopy-pants.

Apr 21 12 11:26 am Link

Model

Echo_

Posts: 286

Paris, Île-de-France, France

Don't put stuff online you don't want people to use without your permission. Put contact information so people can contact you to view your portfolio?

Apr 21 12 12:26 pm Link

Photographer

Al Lock Photography

Posts: 17024

Bangkok, Bangkok, Thailand

KCLynne wrote:
Do you think so highly of yourself and think your so "big named" that a little free publicity will actually harm you?

Pinterest doesn't provide ANY publicity.

So it is simply theft.

Apr 21 12 07:47 pm Link

Photographer

Al Lock Photography

Posts: 17024

Bangkok, Bangkok, Thailand

KCLynne wrote:
So yes...I WOULD BE THRILLED!!

You should read what Harlan Ellison has to say on the subject. Unlike you, his work has actually been used for TV shows, he has made a living on his writing, and he understands the value of copyright. He is also long past the point where he thinks ego puts bread on the table (a point you seem enamored with).

Apr 21 12 07:49 pm Link

Photographer

Studio MD - Casting

Posts: 1227

Los Angeles, California, US

Post hidden on May 01, 2012 11:05 pm
Reason: not helpful
Comments:
No name calling.

Apr 21 12 08:24 pm Link

Photographer

NitinGupta

Posts: 5

Mountain View, California, US

Post hidden on May 02, 2012 12:39 am
Reason: gobbledegook
Comments:
SPAM

Apr 22 12 05:03 am Link

Photographer

Al Lock Photography

Posts: 17024

Bangkok, Bangkok, Thailand

Mi Do wrote:
You didn't read my original post or the last post I made, did you?

I read them both. Maybe you should go back and reread them and think about what you've said.

I've already presented the answer. The one that you seem to be unwilling to address and which covers all the points.

LET THE COPYRIGHT OWNER CONTROL HOW THEIR PROPERTY IS USED.

It's really that simple.

Apr 22 12 06:22 pm Link

Photographer

Studio MD - Casting

Posts: 1227

Los Angeles, California, US

Al Lock Photography wrote:

I read them both. Maybe you should go back and reread them and think about what you've said.

I've already presented the answer. The one that you seem to be unwilling to address and which covers all the points.

LET THE COPYRIGHT OWNER CONTROL HOW THEIR PROPERTY IS USED.

It's really that simple.

Nope. you didn't solve the problem correctly. You're bright, right? Then you should realize that you didn't satisfy the consumers POV. Say it all you want but you failed to satisfy the cheapest consumer. Until you've done that: you have failed and you will run in to problems. Do not come back to the thread until you can satisfy that cheap consumer.

(again.. I GET IT... but the cheapest consumers don't give a fuck about copyright. That's all that matters. Artists will have this problem until the day they die unless they can satisfy that cheap customer. An Artist is a complete idiot if they don't get that)

Really: Do NOT come back to this thread until you've satisfied that need otherwise you're just preaching the choir. The choir hears you. The sinners outside don't give a fuck and THEY are the ones who matter in this equation.

Apr 22 12 09:26 pm Link

Photographer

BeautybyGod

Posts: 3078

Los Angeles, California, US

Mi Do wrote:
The other side is saying
"Live and let live.
As long as no one is profiting, there is no harm!"

unless you can show a couple of examples where no one is profiting from this sharing, for reference purposes, your whole post is stupid bullshit.

there is always somebody profiting.

Apr 22 12 10:08 pm Link

Photographer

studio36uk

Posts: 22898

Tavai, Sigave, Wallis and Futuna

BeautybyGod wrote:
there is always somebody profiting.

To which you might add....

or they, the facilitators, wouldn't be doing it.

---

I chase pirates. That's what I do now as a business. One I looked at for a client not too long ago was just giving content away for free, just like pinterest does, pandering to the "not going to pay anyway consumers". Behind that, however, - and this was a micro sized bunch with only six very small websites - they were churning up roughly a $1/4 MILLION a year in revenue on per-click advertising on the back of other people's intellectual property. Their only cost was hosting bandwidth, about 1K / month or 12K / year. The rest was bankable income. And, of course, the IP owners get zip!

So the answer is: protect your IP and "fuck the consumers freetards!"

Studio36

Apr 23 12 03:31 am Link

Photographer

BeautybyGod

Posts: 3078

Los Angeles, California, US

BeautybyGod wrote:
there is always somebody profiting.

studio36uk wrote:
To which you might add....

or they, the facilitators, wouldn't be doing it.

indeed!!

studio36uk wrote:
I chase pirates....

So the answer is: protect your IP and "fuck the consumers freetards!"

Studio36

so did you chase the OP off this site? or was it me? smile

freetards. i'm gonna steal that. smile is that ok?

Apr 23 12 04:11 pm Link

Photographer

studio36uk

Posts: 22898

Tavai, Sigave, Wallis and Futuna

BeautybyGod wrote:
freetards. i'm gonna steal that. smile is that ok?

Have at it. I adopted the phrase from a IP attorney. [not kidding, he actually refers to them as such]

Studio36

Apr 23 12 04:45 pm Link

Photographer

Al Lock Photography

Posts: 17024

Bangkok, Bangkok, Thailand

Mi Do wrote:
Nope. you didn't solve the problem correctly. You're bright, right? Then you should realize that you didn't satisfy the consumers POV. Say it all you want but you failed to satisfy the cheapest consumer. Until you've done that: you have failed and you will run in to problems. Do not come back to the thread until you can satisfy that cheap consumer.

(again.. I GET IT... but the cheapest consumers don't give a fuck about copyright. That's all that matters. Artists will have this problem until the day they die unless they can satisfy that cheap customer. An Artist is a complete idiot if they don't get that)

Really: Do NOT come back to this thread until you've satisfied that need otherwise you're just preaching the choir. The choir hears you. The sinners outside don't give a fuck and THEY are the ones who matter in this equation.

Of course I did.

The consumer gets that product that artists and business people are willing to give away or which they are willing to pay for.

You seem to think the consumer position is about theft. And maybe that is the problem. Too many consumers don't see anything wrong with theft. That you think that the consumer position is only satisfied with free products demonstrates that you think that is reality. Of course, the market indicates that isn't true.

The East German Trabant didn't sell... even though it was dirt cheap. IPhones are bought by even the cheapest consumers, but they aren't cheap phones. There are literally thousands of examples.

All of which demonstrates that your opinion about consumers is flawed. Consumers will pay for what they want.

Apr 23 12 10:27 pm Link

Photographer

studio36uk

Posts: 22898

Tavai, Sigave, Wallis and Futuna

LOOKIE, LOOKIE, LOOKIE - - -

A ready made pinterest "to do sue" list, ........... right here in River City

https://www.modelmayhem.com/po.php?thread_id=821782

Studio36

Apr 25 12 12:42 am Link

Photographer

Al Lock Photography

Posts: 17024

Bangkok, Bangkok, Thailand

Seems that pointing out legal liability doesn't sit well with some. From my messages:

"I have zero interest in thread hijacking...   
...so to avoid doing so I'm going to address you personally.

I don't know what issue you have with Pinterest and quite frankly I don't care but at present time your information is flawed. You chose to respond to a much earlier post I made as opposed to responding to the one about the updated TOS (the one that went live on April 6, 2012 which is AFTER all of the links you posted were published) which specifically notes that " Selling content was never our intention and we removed this from our updated Terms." and "We released simpler tools for anyone to report alleged copyright or trademark infringements."

If there's someone on the site using your images without your permission and you feel the need to be sue happy as opposed to reporting copyright infringement then that's your choice. It's also my choice to use the site for doing things like sharing recipes with my mom or simply just showcasing books or shoes or whatever that I think is awesome in a single place so that like minded people can see it too.

I don't sell any of these images. I also don't claim that they're mine.

Pinterest doesn't sell any of these images. And EVERY SINGLE PIN links back to it's original source, in fact about 50% of the things that I've included thus far on my boards have "pin it" buttons that are specifically for use with their sites because those people recognize the fact that it's great tool for sharing their work and their brands.

So what's the issue?

Seriously. Do you play music at your shoots? Provided you're not claiming you wrote the song when you didn't you're free to enjoy it, you're even free to play it at a shoot if you think it'll help set a certain mood or play it for a friend if you think they'll enjoy it. It's called sharing and not sharing in the way sites like Napster where sharing because it was never intended that those files be shared for free among the masses BUT if someone posts something online PUBLICLY (as opposed to in a password protected gallery or something similar)there's zero difference between me sending the link to 1 or 100 people and me posting it on Pinterest. Just like there's no harm in you playing a song at a shoot."

My response:
   
"You seem to be badly informed about copyright law.

Doesn't matter if they sell them or not. Immaterial.

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;"

And:

"8. Indemnity

You agree to indemnify and hold harmless Pinterest and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), arising out of or in any way related to (i) your access to or use of the Services or Pinterest Content, (ii) your User Content, or (iii) your breach of any of these Terms."

Might want to read the section immediately after that - the disclaimers, as well.

What that really means?

Anything that you pin that you do not own or have the express permission of the copyright holder to pin is a violation of copyright. It doesn't matter if you sell it or not. It doesn't matter if you claim they are yours or not.

YOU ARE VIOLATING COPYRIGHT LAW. And making yourself liable for action under copyright law (which could cost you a serious amount of money). And not only are you responsible for your infringement, but you are also responsible for any legal costs, fees and penalties that Pinterest incurs as a result of your infringement.

That's the issue."

I take it that no one reads the licenses that are on DVDs, Blu-Rays and CDs either.

Apr 27 12 12:43 pm Link

Photographer

Eralar

Posts: 1781

Sherbrooke, Quebec, Canada

Mi Do wrote:
Semantics... whatever.
But you're failing at this game since you didn't come up with a solution that makes everyone happy.

Thing is... you will NEVER make everyone happy. The best solution is to have two parts of the site, where only copyright holders can upload their pictures.

1- the free section. This section is for uploaders who are willing to share their work for free (there are), and "clients" looking for free stuff.

2- the paying section. This section is reserved for uploaders who want to be paid to let people use their work, and "clients" who are willing to pay for this work.

Again, in the second section, there is also a way for uploaders to be contacted if they want, so potential "clients" can let them know what specific reason they would like to download for free, and if the both reach an agreement, then it happens.

The extremists from both sides will still complain about this... but I believe a big majority would agree with this way of working.

Apr 27 12 01:24 pm Link

Photographer

studio36uk

Posts: 22898

Tavai, Sigave, Wallis and Futuna

Al Lock Photography wrote:
Seems that pointing out legal liability doesn't sit well with some. From my messages:

[big snip]

That's the issue."

I take it that no one reads the licenses that are on DVDs, Blu-Rays and CDs either.

And you thought it would be a reasonable comment and acted on or responded to reasonably?

https://studio36.pwp.blueyonder.co.uk/mouse_laughing.gif

No, on the whole, most simply do NOT read terms of service or licenses, or, even if they do, they simply disregard them wholesale.

The responses you got were all too typical "freetard" responses. You can't convince them; you can't shame them; ... all that's left is to sue them!

Studio36

Apr 27 12 01:24 pm Link

Photographer

Al Lock Photography

Posts: 17024

Bangkok, Bangkok, Thailand

studio36uk wrote:
And you thought it would be a reasonable comment and acted on or responded to reasonably?

https://studio36.pwp.blueyonder.co.uk/mouse_laughing.gif

No, on the whole, most simply do NOT read terms of service or licenses, or. even if they do, they simply disregard them wholesale.

The responses you got were all too typical "freetard" responses. You can't convince them; you can't shame them; ... all that's left is to sue them!

Studio36

It seems you are correct.

A logical person would think that a site that lawyers shy away from because of the potential legal liability would indicate that the risk is legitimate and serious enough to avoid. But the freetards just don't get it. They'll go on their merry way (just like Napster users) until one day they find themselves in court and losing their savings or their car or their house because they wanted other people's property for free.

Apr 27 12 01:37 pm Link

Photographer

David Parsons

Posts: 972

Quincy, Massachusetts, US

Al, I'm surprised that you haven't jumped all over Tumbler.  Tons of people there you can argue with about infringing copyrights.

Apr 27 12 05:33 pm Link

Photographer

Al Lock Photography

Posts: 17024

Bangkok, Bangkok, Thailand

David Parsons wrote:
Al, I'm surprised that you haven't jumped all over Tumbler.  Tons of people there you can argue with about infringing copyrights.

Tumblr effectively is non-existent from where I am. They have so many server issues when it comes to SE Asia that it is self-defeating.

Apr 27 12 08:55 pm Link

Photographer

149

Posts: 4193

San Diego, California, US

I dont mind people repining my work. I dont mind Pinterest.

Just got an account though havnt used it much, but I believe you can pin/link a photo straight from a website rather than uploading. So why not use it to drive traffic to your website/blog?

Apr 28 12 01:06 pm Link

Photographer

Al Lock Photography

Posts: 17024

Bangkok, Bangkok, Thailand

OUDAME wrote:
I dont mind people repining my work. I dont mind Pinterest.

Just got an account though havnt used it much, but I believe you can pin/link a photo straight from a website rather than uploading. So why not use it to drive traffic to your website/blog?

Because it doesn't. Very much the opposite. Read the thread. And read the SEO data that has been generated about Pinterest. Pinterest reduces traffic to websites, it doesn't increase it.

Apr 28 12 05:55 pm Link

Photographer

David Parsons

Posts: 972

Quincy, Massachusetts, US

Al Lock Photography wrote:

Because it doesn't. Very much the opposite. Read the thread. And read the SEO data that has been generated about Pinterest. Pinterest reduces traffic to websites, it doesn't increase it.

Maybe it's not true for everyone, but it does drive traffic.  I click-through on recipes all the time, and I bookmark the source pages for reference later.  It's not going to drive traffic for everyone.

Apr 28 12 06:08 pm Link

Photographer

Al Lock Photography

Posts: 17024

Bangkok, Bangkok, Thailand

David Parsons wrote:

Maybe it's not true for everyone, but it does drive traffic.  I click-through on recipes all the time, and I bookmark the source pages for reference later.  It's not going to drive traffic for everyone.

SEO reseach indicates the opposite overall.

What you do is clearly NOT what most people do.

Apr 29 12 10:30 pm Link

Photographer

studio36uk

Posts: 22898

Tavai, Sigave, Wallis and Futuna

David Parsons wrote:
Maybe it's not true for everyone, but it does drive traffic.  I click-through on recipes all the time, and I bookmark the source pages for reference later.  It's not going to drive traffic for everyone.

You do realise that "recipes" are not copyrightable in any case? Images are a completely different kettle of fish, so to speak.

So if the text only of a recipe is copied and pinned there is going to be no infringement; B U T if a web page is copied [PrtScr > e.g. a jpg image] including that text there is a likely infringement of the underlying page design and layout that just happens to contain the non-protected recipe text.

Just exactly like the page you are now looking at:
©2006-2012 ModelMayhem.com. All Rights Reserved.

Studio36

Apr 30 12 02:54 am Link

Photographer

David Parsons

Posts: 972

Quincy, Massachusetts, US

studio36uk wrote:

You do realise that "recipes" are not copyrightable in any case? Images are a completely different kettle of fish, so to speak.

So if the text only of a recipe is copied and pinned there is going to be no infringement; B U T if a web page is copied [PrtScr > e.g. a jpg image] including that text there is a likely infringement of the underlying page design and layout that just happens to contain the non-protected recipe text.

Just exactly like the page you are now looking at:
©2006-2012 ModelMayhem.com. All Rights Reserved.

Studio36

Listen, we understand about the infringement.  It's well established.

People are not pinning screen shots of the text/web pages of recipes.  They are pinning pictures of enticing looking food.  When you click-through to the site, you can see the recipe on the source page.

I'm referring specifically to the argument that Pinterest does not lead to any traffic to the source pages.  I offer a specific example proving Al's assertion to be incorrect, and then he says that I'm an anomolous case.  Obviously people see value in the site or they wouldn't have widgets on their sites allowing easy pinning.  They have found that Pinterest does indeed drive traffic.  Is it going to lead to sales for most photographers, not likely.  That doesn't mean that they site doesn't drive traffic.

At this point, I believe Al to be a troll, who isn't interested in any kind of rational discussion, just the ceaseless one line argument about piracy.  I ask him about Tumblr and he brushed it off as something to ignore because he doesn't have easy access to it in Thailand.  There is a several page thread right here in this forum that he can decry the theft of IP in, yet as far as I can see, has never posted there.  There are far more people outright stealing content on Tumblr than on Pinterest, yet Pinterest is somehow the bigger threat threat.

Apr 30 12 04:53 am Link

Photographer

David Parsons

Posts: 972

Quincy, Massachusetts, US

May 01 12 07:35 pm Link

Photographer

studio36uk

Posts: 22898

Tavai, Sigave, Wallis and Futuna

David Parsons wrote:
http://blog.flickr.net/en/2012/05/01/at … pinterest/

ROTFLMAO

All, AND ONLY, what that means is that Flickr got nervous as hell about the pinning from Flickr to pinterest and is building themselves some legal insulation.

They may not be as fireproof as they think.

Studio36

May 01 12 09:01 pm Link

Photographer

NitinGupta

Posts: 5

Mountain View, California, US

Post hidden on May 02, 2012 12:41 am
Reason: gobbledegook
Comments:
SPAM

May 01 12 10:13 pm Link

Photographer

Al Lock Photography

Posts: 17024

Bangkok, Bangkok, Thailand

studio36uk wrote:

ROTFLMAO

All, AND ONLY, what that means is that Flickr got nervous as hell about the pinning from Flickr to pinterest and is building themselves some legal insulation.

They may not be a fireproof as they think.

Studio36

David has a strange sense of "logic".

May 02 12 09:47 pm Link

Photographer

Paul Fitzgerlad

Posts: 66

Winchester, Virginia, US

It all comes down to which benefits you the most.   for instance.   I'm also a musician.    While non famous you steal my tracks from my website and send them to your friends in Europe and I become a huge sensation I have no intention of filing a suit.   

You even put my songs in your videos and I work it out with YouTube to have my song title listed superimposed on the video.   I get credit.

Now let's say I'm signed with ASCAP or BMI and turn over the rights to copyright enforcement of my songs.   Then this becomes counterproductive.  Because I can't have you promote me with your videos and your friends.

The middle ground comes to our own decisions.  This copyright enforcement is often BS because they keep saying it belongs to the copyright owner.

Usually the person doing all the legal actions are NOT the owners, but those who are licensed to enforce copyright for the owners. The owners are often quite forgiving.

May 16 12 01:37 am Link

Photographer

Erick Prince

Posts: 3457

Austin, Texas, US

Al Lock Photography wrote:

David has a strange sense of "logic".

Thought you might like this AL

http://news.yahoo.com/pinterest-raises- … ector.html

May 17 12 08:05 am Link