Problems with Printerest Terms of Service
The terms of service outlined by Printerest includes the following:
"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…"
That would be okay if I, or any other artist, chose to submit our work and willing give it away to Pinterest to use to their financial benefit. The part that is most offensive is that NOT I or any other artist on Redbubble has that option. Anyone can post our art to Pinterest and not even notify us. Most of us do not have time to spend a few hours each day looking to see who may have stolen our art. We know a certain amount of theft will occur, but in this instance it can be prevented by simple giving each artist the option of turning off the share buttons they don't want used. They may like to share on Facebook and Twitter, or others and not on those they remove their control of their work and jeopardize their copyright.
My suggestion is that Redbubble code in an option to turn each button either OFF or On depending on the individual artist's preferances.
Cindy Schnackel commented
Thanks for making the pin button optional, and for putting a no pin message on our pages when we opt out of the pin button!
I had my worked shared on Pininterest without my permission. I found out through examining activity in Google Analytics. As a result I sent a takedown notice to PinInterest via the page on their website and they took the work down within 24 hrs. I agree we should be able to control for ourselves whether these share buttons appear on our pages but the only way to truly protect your work is to either not post on the internet or to include a digital watermark that can be tracked by a third party like Digimarc. Sue
Lynn E Reese commented
Very Good Point! In an age where we are once again becoming involved with "what Is the right thing to do". It is time we treat each other and their work with Honor....Lynn
Cindy Schnackel commented
I have found an increasing number of my works on Pinterest, taken from Red Bubble, including those taken after the pin button was removed, and even though I state on my page NOT to pin my work. I know it can't entirely be prevented but if there is a way to inform every pinner every time that it's not permitted, at least it will deter some, and none can claim ignorance. Many people point out that Pinterest's terms of service are probably unenforceable since they are contrary to copyright laws; I say that the battle to prove that is risky and expensive, so why tempt fate. Thank you for taking off the pin button. Now please make it known to every pinner that it's not "permitted." Even if they can still pin against our will, there is an important point in not appearing to give permission by not preventing or attempting to prevent it. I'd like it to be our option.
Marjolein Katsma commented
I'd like to see RedBubble implement an option for us to have the 'nopin' meta tag added to our pages. It would be ridiculously easy to do and put US back in control of OUR work.
Apart from that, I'd also like the option to turn other share buttons off. I'm already using AddThis anyway, and I strongly object to how Facebook is tracking us with their embedded iframe.
It seems RB is listening after all. You may care to see Pilgrim's comment here http://www.redbubble.com/groups/redbubble/forums/4/topics/209558-pinterest-sites-massive-repository-of-rb-artwork?page=14
No Kris, I doubt too many lawyers would fooled by your points.
Anyway RB has responded appropriately and removed the Pinterest button.
That is wrong Clipics
"for the purpose of enabling us to carry out the appointment." is very clearly stated, at no point does it say that they have the right to hand over copyright, and that is what is implicit in pinning. You can indemnify yourself against some forms of negligence however you can not indemnify yourself against deliberate dishonest dealings and unconscionable behaviour.
Fauxtog, your argument is quite wrong. The fact that RB joined Pinterest in no way changed the user agreement I have entered into with RB. Your suggestion is quite mischievous and may lead people to worry about such things. What is happening on Pinterest isn't "sharing" nor is it for the purpose of publicity or marketing of RB member content, regardless of your assertions I have not authorised RB to offer my work to someone else with an "irrevocable, perpetual" right to "license, sublicense or sell" it.
"I have not given RB permission to hand the rights to my work to pinterest."
But you you have. When you agreed to join RB and when RB opened their account on Pinterest they agreed to the terms and conditions. They are acting as your "agent". When RB added the share buttons to Facebook etc. everybody jumped up and nothing was done. Nothing is going to happen here. As said Fine Art America and Blue Canvas IMMEDIATELY removed the buttons. 500px and Saatchi don't have the share option.
<<after banging head against the wall>> baby steps -
1)When you joined RB you have them permission to market your work. They have share buttons (Facebook, Twitter etc) Sharing your work falls under "marketing your work"
2) When RB opened their account on Pinterest they (Redbubble) AGREED to Pinterests TOS.
3) Redbubble (not some magic fairy) added the button to share work on Pinterest. So they are ALLOWING anybody who has access to the internet permission to share your work.
4) Redbubble has their OWN page on Pinterest and they pin work.
I disagree with your assessment Fauxtog, I have not given RB permission to hand the rights to my work to pinterest. This isn't about sharing for marketing and publicity, it's about misappropriating rights. I believe that RB will do something about this situation because as it stands it is untenable.
RB isn't going to do anything. They have their own account on Pinterest. THEY are sharing YOUR work with PInterest. You can't complain to Pinterest as you have given RB permission to share your work with them.
Jacqueline Ison commented
Just added my remaining votes......this is a serious issue and I hope that RB will give it serious consideration
Thanks for helping us all. i have not much to say at this time but like to help by supporting the cause.
Photos - Pauline Wherrell commented
I think that it is soooo important for Red Bubble to protect our rights as copyright holders so please Red Bubble make the share button optional or at least the places where we allow work to be shared or simply remove Pinterest from the share button.
Richard G Witham commented
I think that RedBubble is obligated to make the "Share" device optional in order to respect our rights as the copyright holders of the artwork being displayed. I realize that sharing can be good for marketing in some cases, but it's becoming increasingly important for artists to be selective about where their work is displayed and how it is shared.
Mitch Labuda commented
I asked the staff at Pinterest, about Member Content, what is member content. Seems simple from the TOS, it is what the, member, uploads.
But, what about links? There are links to links to links on the site.
Links, per Pinterest Staff is also member content.
"From: Enid Hwang <email@example.com>
To: Mitch Labuda <>
Subject: Re: Question about copyright and shared works
Date: Thu, 26 Jan 2012 08:14:56 -0800
All shared and linked works are considered member content in our TOS."
How does any site, claim, a link as Member Content and how can a site then act according the TOS for links?
Blocking Pinning from RB, is not going to stop others from Pinning my links to Pinterest.
The issue is greater than it appears on the surface.
I love having choice... please RB let me have one
I've heard a lot of concern from Red Bubble members about their items being put on Pinterest.
I personally am happy to use Pinterest but would like everyone to be comfortable with their online selling experience and making work rather than fearing copyright issues.
The Pinterest site claims:
What if I don't want images from my site to be pinned?
We have a small piece of code you can add to the head of any page on your site:
<meta name="pinterest" content="nopin" />
When a user tries to pin from your site, they will see this message:
"This site doesn't allow pinning to Pinterest. Please contact the owner with any questions. Thanks for visiting!"
This is easy enough to code in and embed as a checkable option box.
RB could look at having the option to add this code available in account settings or as an option when creating a work.
THERE YOU GO, EASY SOLUTION, PLEASE FIX!