My Top 50 Responses to Your Questions — Alpharetta photographer responds to issues regarding Pinterest blogs
I really figured that the attention over my blog post regarding Pinterest would have died down by now but it appears that people are still talking about it, sharing the link and writing their own blog posts analyzing the issues raised in my post. And analyzing me!
With approximately 500 comments on my blog posts and thousands of tweets and shares on Facebook, of course some things have been said and other things taken out of context and a lot of questions have arisen that warrant some clarification/response. And, because I’m originally a “Hunt”, I feel the need to provide some response (yes, Dad, when it all boils down, you and mom are really the ones to blame!).
Since nobody wants to read yet another essay on this subject, I’m bullet-pointing my top 50 responses to some of the more interesting/troubling/problematic comments:
- Yes, I am a practicing attorney.
- I graduated from law school in 1996, not 2003 – although I’m not sure what this means other than that I’m old as dirt.
- Yes, I am a professional photographer.
- No, I do not belong to a knitting group although that sure would save me some money on hats and props for the baby photography.
- I am General Counsel for a Georgia company. I run a photography studio in Alpharetta. I have two kids, a husband, a horse, a dog and a cat. In the last two months I have hiked a Hawaiian rain forest, skied Utah mountains and have been swimming in the Gulf of Mexico. So, no, it doesn’t appear I have much of a life.
- My blog post was written from the perspective of a photographer more than that of a lawyer. It was not legal advice but intended to outline my concerns, as a photographer, over my use of Pinterest.
- I am not concerned about Pinterest being sued. I am concerned about users (i.e, you and me) being sued, AS THE INFRINGER, and then being liable for indemnification and defense costs and ALL damages.
- No, the Digital Millenium Copyright Act will not provide the USER a safe harbor.
- “Fair Use” is a complicated legal analysis and I purposely did not re-live law school by writing a law review article explaining it all. My article does acknowledge that it is not clear how a court would rule in a “Fair Use” analysis.
- Unfortunately, I have litigated ridiculous cases where my clients were clearly not liable and the claims were outlandish.
- My clients spent thousands of dollars just getting to a motion to dismiss.
- Most people don’t have thousands of dollars to get a motion to dismiss.
- Most people don’t have tens of thousands of dollars getting to summary judgment.
- I don’t believe a claim for copyright infringement arising from pinning would be “outlandish.”
- I don’t believe that a court would dispose of an infringement case for pinning without permission on a motion to dismiss or motion for summary judgment. Depends on facts.
- I do not want to be the defendant in the first test case.
- I do not want to be the lawyer litigating the first test case.
- I do not want to be your lawyer.
- I DO want to be your photographer.
- I did not delete my Pinterest account.
- I did delete my inspiration boards that contained work I did not own and did not have a license to use. I’m following Pinterest’s own rules.
- No, taking a magazine into the bathroom with you is not the same as pinning someone else’s images. Nor is it as sanitary.
- I know you may think “if it’s on the internet it’s free for everyone to use.” Thank you for your opinion but that simply is not the law.
- My decision to delete my inspiration boards had as much to do with my respect for other photographers as with my concerns over liability.
- If you don’t think your unauthorized use of photographers’ work negatively affects the market for such work, I will put you in touch with all of the fine art and stock photographers who have contacted me expressing their outrage with Pinterest and those using it.
- I am not willing to bet that these folks won’t take action. Their livelihood is at stake.
- Yes, using someone else’s work without permission on Facebook or your own blog or website or other social media is bad.
- Not every pin contains a link to the original artist.
- I’m not so sure commenting with “love this” falls within the “for comment” exception to copyright protection.
- No, just because you aren’t using the photos for commercial use does NOT automatically mean you aren’t liable. It is merely a factor the court will consider. Think about when you have your family photos taken by a pro. You cannot order a 4×6 and take that print to a lab and have it scanned and reprinted to distribute to other family members.
- Yes, people do #30 all of the time. It is illegal.
- Yes, I realize “everyone’s doing it” (pinning, that is).
- One of the first lessons I learned in life was “If everyone is jumping off the bridge does that mean you should do it too?”
- Copyright statutes allow for fines and damages.
- I do not have an extra $150,000 lying around to pay said fine.
- I am not out to destroy Pinterest.
- I told Ben I would love to help him brainstorm and find ways to make the site better for everyone.
- Yes, I realize Ben is way smarter than I am and that he doesn’t need me.
- No, he hasn’t been back in touch.
- Yes, I believe it’s not me, it’s him. And he’s just not that into me.
- Yes, that is a joke.
- Yes, you may pin my photos.
- Yes, I would argue that if someone puts a “pin it” button on their site or a “pin it” logo right on their image, that person is giving you permission to pin it. I will be doing this in the future.
- Yes, you may share a LINK to my blog posts.
- If I am asked to Skype with a news channel again, I will do my hair first.
- No Mom, I am not going to be on the Today Show.
- Yes, Mom, I realize that Natalie Morales reminds you of me. And yes, I am flattered by that.
- No, I do not think posting pics of a little baby’s bottom is child porn.
- Nicole, I will ALWAYS kiss my babies – even when they push me away and scream “GROSS MOM!”
- And, yes, I know what P.S.S means. For serious and for realsies.
Okay, that’s all I have time for this morning.
My life needs tending to. And I need to find myself that knitting group.