Pinterest, which is essentially an enormous bulletin board, has been growing faster than any other stand alone site in the history of the Internet. This of course has led web savvy business people to wonder how they can use Pinterest to boost their web traffic and bottom line. So, who should use it? Well, if your business skews heavily male or is a business like a legal recruiter or tire company, you should probably not put any eggs in the Pinterest basket. But does your business cater more to women, like a wedding planner or even a real estate agency? Then here’s what you need to know. From boston.com:
“How a small business can capitalize
Pinterest has learned from Twitter and Facebook by incorporating an easy way for businesses to drive images and traffic to its site. A very simple to install “Pin it” button makes it easy for someone browsing your website to quickly add something to their Pinterest page. For example, if you’re a wedding dress maker and a bride to be likes what she sees on your site, she can easily pin an image that goes back to her page and gets filed under a certain category, such as “gifts” or “things I like.” From there, everyone else can see it, and the chances of it getting shared increase. People can also click on it and be directed back to your site.
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Why it won’t work for all small businesses
Like every other social network, there is a tremendous amount of clutter being shared. The trick is getting content to be shared quickly and frequently, thus increasing the chances of someone acting on it. The first step is assessing whether or not you have the type of website that can handle e-commerce. If you can’t immediately convert sales on a website, then it probably doesn’t make sense to bother with Pinterest.”
So, there’s the broad stroke of whether a business should spend any time at all on Pinterest. But, what if you are one of the group that may be able to boost your online visibility with Pinterest? Unfortunately, there are also some legal issues that the young company is running into. From pcworld:
“Content-sharing site Pinterest has been surging in popularity. The bigger it gets, the more responsibility it has to ensure that copyrighted content doesn’t show up on its site.
Less than a week after Pinterest offered an opt-out code for websites seeking to protect their content, Flickr is adopting that code to help users protect copyrighted images on its photo-sharing network.
If you’re fitting Pinterest into your company’s marketing plans, or seeking to protect your content from eager Pinterest users, what should you do?
How is sharing a picture on Pinterest any different than on other social networks? Both Twitter and Facebook encourage sharing personal experiences and photos rather than content created by someone else, says Deborah Sweeney, intellectual property lawyer and and CEO of MyCorporation. While Facebook users repurpose others’ content regularly, Facebook asks each time you upload a photo if you have the permission to use it. The legal burden lies with the original person who posted the photo rather than those who share links to it.
Pinterest does not ask users to consider permissions before each “pin,” aiming to make the user experience seamless. While having your content shared arguably helps popularize it, many artists and photographers may want to be asked or paid first.
Sweeney says Pinterest’s business model is the issue, since its “very nature is to encourage the repinning of photos, which encourages users to use them as they like.” She argues that it isn’t a far leap for users to think it’s fine to use a picture from one of their Pinterest boards on a website or blog, although this is expressly against Pinterest’s Terms of Service.
As an example, here’s a pin I made of a 1980s advertisement for General Foods International coffee. If either General Foods International or Kraft (its parent company) took exception to my use of its copyright, it could ask Pinterest to take down the offending advertisement by following Pinterest’s directions here. According to Pinterest’s Terms of Use, however, it’s my responsibility to get General Foods International’s permission prior to posting anything involving its trademark.
Pinterest offloads legal responsibility onto users, but takes action on copyright infringement itself. Why not let the artists deal with the infringing users directly? Pinterest can remove an infringing item faster than a user can, and it has that right under its Terms of Use.
Pinterest Places Copyright Responsibility on Users
Pinterest does have a stringent policy that the user is not to use third-party content for anything but a personal content collection on the site. But it falls down in its Terms of Use: “You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services.”
The inherent flaw in the legal logic, as Sweeney puts it, is that the images remain on Pinterest’s site, even if a user has curated them into a personal collection. “Pinterest would have a hard time defending itself by forcing the liability onto a user. A court could possibly find it liable for a contributory infringement.” Chilling Effects, a site that collects and analyzes legal complaints about online activity, seems to agree:”Providing a forum for uploading or downloading any copyrighted file or cracker utility may also be contributory infringement”.
If, however, your business hopes for its content to be “pinned” to Pinterest, first check with your product photographer that you own all rights to the images and that repinning would be an accepted use, since you may have only paid for the images to be used on your own website.”
Read the full article here…
Oh, and here’s one more bit of amusing/problematic news. Pinterest’s CEO, Ben Silbermann, is (as of this writing) also in charge of copyright compliance. Given the above, and the fact that the kinds of violations Pinterest is likely to run into generally carry fines ranging from $2,000-$5,000, it seems pretty clear that a compliance team is what’s needed, not the CEO trying to keep on top of every potential law suit. Case in point, Silbermann’s own profile page on Pinterest’s team page generates a “404: page not found” error. If they can’t even keep on top of a broken page for their CEO, well, not a great sign for their ability to defend a raft of lawsuits.
Thoughts?