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An image-based social network, Pinterest is a "virtual pinboard" which describes itself as a

"tool for collecting and organizing things you love". Pinterest launched in 2009 and is now
the third-most-popular social networking site, with more than 150 million unique visitors1.
Unlike other social networking sites, Pinterest has faced its fair share of copyright
infringement concerns in term of visual content, particularly, photographers. However, for
other copyright owners, including those advertising products or services, Pinterest has proven
to be a very effective marketing tool. It is the second-largest referrer of social media traffic
after Facebook. Pinterest is a social media network which, in essence, aims to be an online
version of the traditional pinboard or scrapbook. There are different methods through which
an item can be pinned such as a user can upload an image directly from their computer or add
a pin from a website by typing in a URL or using a "bookmartlet" added to their website
browser, Pinterest then scans the website for images, and the user selects a suitable image or
can "re-pin" an image from another user's board or external website may enable the Pin It
widget, which allows the image or article to be pinned easily from the website. By signing up
for Pinterest and agreeing to their terms and privacy notice, you have agreed to give Pinterest
a non-exclusive, royalty-free, transferable, sub licensable, worldwide license to use, display,
reproduce, re-pin, modify, re-arrange, and distribute your User Content on Pinterest for the
purposes of operating and providing the Services to you and to our other Users. In other
words, Pinterest can use your content on its site because you have agreed to give them a
license to use it as described in this agreement, without payment. The Pinterest copyright
statement includes a link where you can file a complaint against someone you feel has
violated your copyright2.

The amendments also introduced a simplified Digital Millennium Copyright Act (DMCA)
notification Procedure whereby under the DMCA, an online service provider that hosts user
content such as Pinterest is exempted from liability for copyright infringement if it
implements a notice-and-take down procedure. Under Pinterest's Copyright Policy, the
copyright holder can send Pinterest a notice of alleged infringement. Pinterest will then
automatically remove or disable access to the pin and send the user a notice that the pin has
been removed due to a copyright complaint. The user has the option to file a counter-notice

1
Aslam, S. (2017, January 23). Pinterest by the Numbers: Stats, Demographics & Fun Facts. Retrieved from
Omnicore: https://www.omnicoreagency.com/pinterest-statistics/
2
Murray, J. (2016, September 9). Copyrights and Social Media Issues. Retrieved from The balance:
https://www.thebalance.com/copyrights-and-social-media-issues-397821
and, if the complainant has not sought a court order, then Pinterest will replace the content
that was removed. Pinterest says that in appropriate circumstances and in its discretion,
Pinterest will disable or terminate the accounts of repeat copyright infringers. The DMCA
process is a relatively easy-to-use process for clients whose copyright has been infringed by a
Pinterest user. It involves simply filling out the online form. A question that naturally may
arise is whether Pinterest itself could be seen as liable for the copyright infringement of its
users. In Australia, the High Court recently considered the doctrine of authorisation in
Roadshow Films Pty Ltd v iiNet Ltd3 and found that an ISP, iiNet, had not authorised the
infringements of its subscribers, as it did not have a direct power to prevent its customers
from infringing copyright. A question may arise whether Pinterest is analogous to iiNet, or
whether, as a host of the infringing material itself, it is more analogous to a file-sharing
system, such as Kazaa, which was found to have authorised the infringements. This is
particularly the case, given that Pinterest encourages users to post third-party material.
However, weighing against Pinterest's liability may be its Terms of Service and steps taken to
prevent infringement, such as the DMCA takedown process, the no-pin code and its
engagement with copyright owners such as Getty Images. Similar questions may arise under
the US doctrines of contributory infringement and inducement.

Since 2012, Pinterest has also begun to engage with copyright owners in other ways. In
February 2012, it also introduced a no-pin code, which, if included in the metadata for the
website or image, prevents the website or image from being pinned. Pinterest now
automatically adds citations or "attribution statements" from certain websites, such as Flickr,
YouTube, Etsy and Kickstarter. This automatic citation cannot be edited by the user. In
October 2013, Pinterest signed a deal with Getty Images, under which Getty Images will
provide Pinterest with metadata and provide a technology that allows Pinterest to identify
Getty images and to link those images to their original source4.

Bibliography
Aslam, S. (2017, January 23). Pinterest by the Numbers: Stats, Demographics & Fun Facts. Retrieved
from Omnicore: https://www.omnicoreagency.com/pinterest-statistics/

MALLESONS, A. S. (2014). Pinterest and copyright: avoiding, preventing and responding to. [2014]
17(2) INTLB 30, 6.

3
[2012] 248 CLR 42; 286 ALR 466; [2012] HCA 16; BC201202230
4
MALLESONS, A. S. (2014). Pinterest and copyright: avoiding, preventing and responding to. [2014] 17(2) INTLB
30, 6.
Murray, J. (2016, September 9). Copyrights and Social Media Issues. Retrieved from The balance:
https://www.thebalance.com/copyrights-and-social-media-issues-397821

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