Reframing the Pinterest Debate: Seeking Technological Solutions to Copyright Problems

The Wall Street Journal took notice of the growing concern over Pinterest’s policies in its blog and print editions last week. It cited to this author’s blog in its article “How to Use Pinterest without Breaking the Law.”

Interestingly, Pinterest responded to the Wall Street Journal’s law blog, asserting that “the protection of copyrighted content is by no means unique to Pinterest—virtually every site on the web that allows users to express themselves contends with copyright complexities.” Pinterest then confirmed its respect for copyright law and urged users to pin from original sources and provide credit.

Pinterest’s statement begs the outstanding questions. Yes, the concept of fair use is a bit up for grabs these days, and copyright law is under assault from many social media fronts. Yet, let’s not mistake Pinterest’s stated intention of respecting copyright as a solution. Pinterest did not address the troubling aspects of its terms of use. It did not provide any comfort for brands that want to join the Pinterest community with minimal legal risk, nor did Pinterest’s response allay the fears of artists and photographers who need to protect their livelihoods.

Hopefully, Pinterest is continuing to consider its business model and it terms of use. Otherwise, it risks an affirmative answer to the Wall Street Journal’s headline question, “Is Pinterest the Next Napster?”

On a broader level, however, perhaps we should reframe the Pinterest issue. We do not need another debate on the merits of copyright monopoly. We do need innovative and technological solutions to copyright problems in social media. (See Anthony Kosner’s suggestion here.) If we leave this to the courts or government or even market forces to resolve, we will have pinned the tail on the wrong end of the donkey.

See other posts on Pinterest’s legal issues, including its new terms of service and branding on Pinterest, here.