By putting the pinit button on the site DT is basically giving the rabid bunny slipper wearing freeloaders carte blanche. And while they may think it's ok, here are 2 scenarios that take place here1. DT is actually condoning the practice saying "Hey Go Ahead It's Ok - sure we're a sales agent but we don't mind you copying images to the pinterest servers and we are ok with granting pinterest a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, re-pin, modify (e.g., re-format), re-arrange, and distribute your User Content on Pinterest for the purposes of operating and providing the Service(s) to you and to our other Users. Nothing in these Terms shall restrict Pinterest’s rights under separate licenses to User Content. Please remember that the Pinterest Service is a public platform, and that other Users may search for, see, use, and/or re-pin any User Content that you make publicly available through the Service.2. Meanwhile, the pinners violate the pinterest terms of service by posting content that "infringes any third party’s Intellectual Property Rights, privacy rights, publicity rights, or other personal or proprietary rights."Directly from the pinterest Member Terms of Service: "You therefore agree that any User Content that you post to the Service does not and will not violate any law or infringe the rights of any third party, including without limitation any Intellectual Property Rights (defined below), publicity rights or rights of privacy. We reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms or the Pinterest Acceptable Use Policy. It is important that you understand that you are in the best position to know if the materials you post are legally allowed. We therefore ask that you please be careful when deciding whether to make User Content available on our Service, including whether you can pin or re-pin User Content on your boards. To learn more about copyright and fair use, please click here for some links to useful third party resources.Definition of Intellectual Property Rights. When we refer to “Intellectual Property Rights” in these Terms, we mean all patent rights; copyright rights; moral rights; rights of publicity; trademark, trade dress and service mark rights (and associated goodwill); trade secret rights; and all other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any of these rights, in each case under the laws of any state, country, territory or other jurisdiction."Still with me? Good, now, onto the DT Terms of Service under Copyright"The Photographer hereby grants Dreamstime a non-exclusive license to post the Image on its web site and to deliver it to its audience, affiliates or other representatives, through different media channels, and further grants Dreamstime and its representatives the right to sublicense the Image to their customers in accordance with the terms of the Dreamstime Royalty-Free License Agreement, a copy of which the Photographer acknowledges reviewing and agreeing to."So now I ask - are the pinterest people defined as Audience? Are they defined as Customer? Are they an Affiliate? Are they another new secret partner?I agreed to have DT represent images for sale, not to allow them to be ported at will to what amounts to a free distribution and sublicensing channel. You, Dreamstime, have usurped your own Terms of Service with regards to the Contributors. I would like a better response from you properly addressing legality here instead of a "Hey. all the Cool Kids are doing it." That's a pile of BS. Do you see me opting into Free Images? No, and there's a reason for that. I don't work for free, period. I can't put dinner on the table with meaningless link attributions.
posted in I do not want my images shareable on sites like Pinterest. Please opt me out!
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