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The Legal Constraints of Pinterest for Marketers
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The Legal Constraints of Pinterest for Marketers

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Between May of 2011 and February 2012, Pinterest, a virtual pinboard website, grew from approximately 418,000 monthly U.S. unique views per day to over 12 million. The website now ranks among the top …

Between May of 2011 and February 2012, Pinterest, a virtual pinboard website, grew from approximately 418,000 monthly U.S. unique views per day to over 12 million. The website now ranks among the top 100 on the web and is the number three social network based on average U.S. visitors time on site, behind only Tumblr and Facebook.

With these numbers, it's not surprising that marketers are investigating how the platform can help them meet their business objectives. But what are the legal constraints of marketing on Pinterest and is it a platform with whic brands would want associate themselves? This presentation is meant to explain the opportunity for marketers that Pinterest presents, to examine legal trends that will influence the commercial use of the platform, and to suggest a course of action and guidelines that marketers can follow.

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  • 1. Legal Constraints on Pinboard MarketingMike Burlin | #MCDMLaw | Baker | March 6, 2012
  • 2. I‟m Changing Roles from Marketer to Lawyer
  • 3. DUH. #PINNING.
  • 4. Pinterest is blowing the f#@& up!15000 Growth of US 12M (2770%) Unique Visitors on Pinterest10000 5000 418k 0 May Jun Jul Aug Sep Oct Nov Dec Jan
  • 5. Wait, Pinterest for Business? • Branding • Referral Traffic • E-Commerce • B2B Lead generation • SMBs A growing “pindustry”…
  • 6. BUT… IS IT LEGAL?
  • 7. Pinterest Leverages DMCA“YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUMEXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUTOF YOUR ACCESS TO AND USE OF THESITE, APPLICATION, SERVICES AND SITE CONTENT REMAINSWITH YOU.”• Vast majority of images online, out of public domain• How much Pinterest content is pinned w/o permission?• 80% pins = re-pins (1.4% of tweets = re-tweets)• „nopin‟ code place burden on copyright holder
  • 8. Users & Content CreatorsBlog by lawyer/photographer Kirsten KowalskiQuestion for my Pinterest-lovers:How often do you click through image back tooriginal link?
  • 9. Fair Use Failure? Purpose: Is it Transformative? Nature: Fictional or Factual? Pinterest is hosting full- Entirety? size, full-resolution images on its servers without the rights Market Harm? holders‟ permission
  • 10. 3 Cases of Note Perfect 10, Inc. v. Google Inc. Salinger v. Random House, Inc. Sony Corp. of America v. Universal City Studios, Inc.
  • 11. Pinterest is different• Simliar Terms of Use• But, what‟s the core service? – Copyrighted material – UGC
  • 12. SO WHAT CAN WE DO?
  • 13. Brand Don‟t Have the Luxury• Pinned copyrighted images, deemed for commercial use• But… – We want ROI from Pinterest – We want to remain cutting edge – Everyone is doing it! How can we limit liability?
  • 14. Course of Action1. Respect trademark2. Owned / licensed images3. Partner to increase image library4. Monitor referral sites5. Curate promotional content
  • 15. BUMMER!
  • 16. The Fact is…Good intentions, but needs to mature
  • 17. Follow me on Pinterest:http://pinterest.com/MikeBurlin