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MCG  February 2012

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Subject:

Re: FW: Pinterest and copyright - now with working link

From:

Richard Light <[log in to unmask]>

Reply-To:

Museums Computer Group <[log in to unmask]>

Date:

Tue, 21 Feb 2012 14:55:23 +0000

Content-Type:

text/plain

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text/plain (176 lines)

On 21/02/2012 14:36, Jon Pratty wrote:
> 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.
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.

Seems pretty clear to me.  They're not just "reserving" the right, they 
are actively claiming it - from you, the contributor.

Richard
> JP
>
> Jon Pratty
> Relationship Manager, Digital and Creative Economies
> Arts Council England
> 01273 763037
> 07872419194 [BB]
> 223037 [Internal]
> [log in to unmask] 
>
> Read our 2011-15 plan - http://www.artscouncil.org.uk/what-we-do/our-plan-2011-15/
> Get our e-newsletter - http://www.artscouncil.org.uk/news/subscribe-to-arts-council/
> Join us on Twitter - http://twitter.com/ace_southeast
>
>
> -----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 news first
>
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-- 
*Richard Light*

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