5 Top Legal Questions and Answers about Pinterest

Clients frequently ask questions about  copyright issues with Pinterest. In fact, the same questions arise repeatedly. Brands want to know how to avoid copyright violations on Pinterest, and they want to know how they can build a Pinterest marketing strategy into their business plan safely. Realtor Magazine recently interviewed me about how realtors can use Pinterest boards to promote their listings. The legal issues apply across industries. Here are answers to some of the most frequently asked questions about legal issues on Pinterest.

Q. If I hire a professional photographer to take photographs, can I use them on Pinterest?

A. Assuming the photographer is working as an independent contractor and not an employee, you would need to have the photographer sign what is known as a “work for hire” agreement before the work is done (timing is important; it must be before) or assign the copyright to you in a separate agreement. In the absence of one of those documents, the photographer owns the work.  In the alternative, the photographer could license  the copyright to you as part of the compensation package. Without ownership or a license to the copyright,  you would have no right to pin post the photo on Pinterest.

Q. Can I pin a photo for which I don’t own the copyright?

A. The problem is that it is impossible to know who owns the copyright, what resources the owner has, and his level of litigiousness. Therefore, the safest option is to use photographs to which you have a license or ownership rights. Each situation should be examined on its own, however, in terms of assessing risk.

Q. Can I repin a photo that I don’t own or have a license to use?

A. As far as repinning, the terms of service for Pinterest say that in creating a board, you grant other users on the platform the right to repin and distribute your user content on Pinterest. So if the item is already on Pinterest, it’s not a high risk to repin the photo, assuming, and this is a big assumption, that  the original poster had rights to the photograph in the first place. On the other hand, if the original poster pinned a photograph to which he had no rights, your repin could theoretically be a problem.

Q. Should a brand use Pinterest?

A. Market strategists will have their own opinions on this question. From a legal perspective, it depends on the nature of the business and risk tolerance. Some businesses are highly visual and can benefit from the exposure of Pinterest. If you are a restaurant, putting together a board showcasing your dishes can be an effective marketing technique. If you lose control of the copyrights on the photos, you may not care. The point is to drive traffic to your establishment, not to license or monetize the copyrights on the photos. On the other hand, you may also find that Pinterest does not do much to drive sales, and it may not be worth the risks associated with pinning other people’s copyrighted works.

Q. How do I use Pinterest for a sweepstakes or skill contest?

A. To avoid the problem of copyright infringement, best practices would dictate that you create a library of images for entrants to use. Limited to those resources, the consumer cannot pin photographs that may expose the brand to a copyright infringement challenge. Remember, however, that public judging may open a Pandora’s box in terms of the legitimacy of the promotion. In addition, allowing repins for additional entries opens questions under the FTC Endorsement & Testimonial Guides. The whole concept should have legal vetting in advance of marketing the promotion.

For more information about history of legal issues on Pinterest, click here.