This is the main point from the terms, and it is clear to me they make
no claim of ownership of the content, just ownership of the delivery
platform:
Member Content
We may, in our sole discretion, permit Members to post, upload,
publish, submit or transmit Member Content. 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. 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.
You acknowledge and agree that you are solely responsible for all
Member Content that you make available through the Site, Application and
Services. Accordingly, you represent and warrant that: (i) you either
are the sole and exclusive owner of all Member Content that you make
available through the Site, Application and Services or you have all
rights, licenses, consents and releases that are necessary to grant to
Cold Brew Labs the rights in such Member Content, as contemplated under
these Terms; and (ii) neither the Member Content nor your posting,
uploading, publication, submission or transmittal of the Member Content
or Cold Brew Labs’ use of the Member Content (or any portion thereof)
on, through or by means of the Site, Application and the Services will
infringe, misappropriate or violate a third party’s patent, copyright,
trademark, trade secret, moral rights or other proprietary or
intellectual property rights, or rights of publicity or privacy, or
result in the violation of any applicable law or regulation.
http://pinterest.com/about/terms/
Paul Shackleton
System Administrator,
Documentation and Collections Management Services,
V&A Museum,
Cromwell Road,
South Kensington,
London SW7 2RL.
Tel. 020 7942 2359
>>> Jon Pratty <[log in to unmask]> 21/02/2012 14:36 >>>
Resent with working link...
All
Here's the link that started some of the discussion last week on
Twitter:
http://www.readwriteweb.com/archives/how_you_could_get_sued_for_using_pinterest.php
A key point in the article is that the writer got the impression that
Pinterest *reserve the right to make further commercial use of images
uploaded.* I've read through the Ts & Cs myself, and I'm not sure if I
read it in the same way. However, see what you all think.
JP
Jon Pratty
Relationship Manager, Digital and Creative Economies
Arts Council England
01273 763037
07872419194 [BB]
223037 [Internal]
[log in to unmask]
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http://www.artscouncil.org.uk/what-we-do/our-plan-2011-15/
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-----Original Message-----
From: Museums Computer Group [mailto:[log in to unmask]] On Behalf Of
Birchall, Danny
Sent: 21 February 2012 13:33
To: [log in to unmask]
Subject: Re: Pinterest and copyright
I agree wholeheartedly that we need to be relaxed about the reuse of
images, but a couple of things in Nick's email niggle....
Firstly, did Ugly Renaissance Babies *really* make Renaissance
paintings relevant and interesting, or was it just a giggle? I don't
think I learned anything from it, and it didn't link back to any
sources. Tumblrs pretty much excel at radical decontextualisation for
cheap laughs. How would you feel about a tumblr that mocked boring
museum objects or pretentious interactives*? I don't think we should
delude ourselves that every reuse is of educational benefit (but we
should therefore be determined that the reuse of images is a good thing
in spite of that).
Secondly, what does the 10/10/80 strategy look like to a user/visitor?
"You can pin this image from our collections, but not that image" "Why
not?" "Because that other image might make us some money". If the
difference in value isn't obvious to the user, then that makes you look
just like a corporate ogre. Shouldn't you rather be dividing your market
by types of usage (hi-res commercial print / professional educational
use / personal social reuse) rather than segmenting the individual
works/their reproductions?
Danny
Danny Birchall
Web Editor, Wellcome Collection
Wellcome Trust
Gibbs Building
215 Euston Road, London NW1 2BE, UK
Tele: +44 (0) 207 611 8894
email: [log in to unmask]
www.wellcomecollection.org
www.twitter.com/explorewellcome
*A museum version of http://fuckyournoguchicoffeetable.tumblr.com/,
anyone?
-----Original Message-----
From: Museums Computer Group [mailto:[log in to unmask]] On Behalf Of
Nick Poole
Sent: 21 February 2012 11:25
To: [log in to unmask]
Subject: Re: [MCG] Pinterest and copyright
Hi Tim,
Many thanks for raising this - there was an interesting discussion of
the same question on twitter a few nights ago.
I think we can ill-afford to miss out on the tremendous opportunities
for marketing and audience engagement which services like Pinterest and
platforms like Tumblr can offer. In case anyone missed Tumblr's 'Ugly
Renaissance Babies' (http://uglyrenaissancebabies.tumblr.com/), I can
think of no better way of making Renaissance paintings relevant and
interesting to audiences who are simply not attracted by curatorial
depth.
Whenever anyone has asked Collections Trust about the rights issues
with collections images in the past year, we've given the same advice,
which I share here.
You can't afford to give everything away, nor can you afford not to
participate in the movement to open up data. As a rule of thumb for your
museum you should:
- Identify the 10% or so that is solid, bankable repeatable and
significant income for your museum and pay a lawyer/work with a partner
to ensure that you own and control the rights
- Identify the next 10% or so that *might* be income-generating at some
point because of particular merit and ensure that you have documented it
well enough so that you could shift it into category A if the need
arises
- Identify the 80% or so that isn't ever going to make you money, and
license it for open re-use so that it can serve as your entrée to the
benefits of mass-participation and linked open data
If someone pins one of your 'category A' images on Pinterest, make a
decision - it either undermines your income-generation, in which case
you need to ask them to take it down (but be aware that a takedown
request runs the risk of being seen to be a corporate ogre), or it
doesn't, in which case you need to make sure that the link back to
source is stable so that you can benefit from the traffic.
We need to get comfortable with the rules of this new operating
environment and avoid either throwing the whole baby out with the
bathwater or missing out on the tremendous benefits of the social graph.
Lawyers are naturally risk-averse, but in my limited experience getting
the most out of any emerging platform means having some appetite for
risk.
All best,
Nick
-----Original Message-----
From: Museums Computer Group [mailto:[log in to unmask]] On Behalf Of
Tim Trent
Sent: 21 February 2012 11:06
To: [log in to unmask]
Subject: Pinterest and copyright
I've been looking with some consternation at Pinterest, a site that
allows folk to wander at will over the web, "pinning" pictures to their
accounts. It's hailed as some sort of social media wonder toy. The
picture is grabbed, published on Pinterest, and yes, a back-link to your
site is created, a sort of quid pro quo for unpermissioned grabbing of
your copyright picture. And yes, t takes the picture and lodges it on
Pinterest.
http://media-cdn.pinterest.com/upload/152207662376192781_Tt59L5pq_f.jpg
is a picture of ours I experimented with myself. Note the url.
That made me consider Copyright. In a nutshell, Pintertest relies on
users not to break your copyright and relies on your noticing in order
to issue take down notices.
Today my attention was drawn to this: http://youtu.be/g3bmdE2BrmM
(apologies if youtube is blocked in your office, your IT folk really
need to get a grip. It talks about code snippets we can add to sites
where we disallow pinning.
What are your thoughts on Pinterest, copyright, and your site?
Tim Trent - Consultant
Tel: +44 (0)7710 126618
web: ComplianceAndPrivacy.com - where busy executives go to find the
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