PINTEREST
with or without each other. All three are in a difficult position: users are violating copyright law and could, in theory, be the target of an infringement claim; the rights of copyright owners are being routinely infringed, but they are unable or unwilling to act; and Pinterest is keen to avoid disputes—aſter all, it is looking to make the platform grow and presumably plans to make money from it at some point.
But it just doesn’t feel right for one party to build a brand like Pinterest—and, potentially, generate
We need to find a solution that allows innovative websites such as Pinterest to exist and prosper, while also enforcing the rights of creators—and compensating them where revenue is being generated off the back of their rights. One example is a mandatory licensing scheme that enables photographers or image owners to let users post pictures in return for a royalty payment paid by the website owner.
Closure revenue—using the creativity of
others. Therefore the current situation puts users, creators and Pinterest in an impossible position. What can be done?
Clearly, a balance needs to be found that enables users, creators and online content-sharing websites to co-exist to the benefit of all three parties, but for that to happen, the law needs to catch up with reality.
No longer fit for purpose
Pinterest illustrates how complicated and difficult it is to apply legal restrictions in the online space, highlighting the tension that exists between legislation and new business models. It doesn’t seem desirable, let alone possible, to prohibit new developments online, but until legislation catches up, it will be impossible to reconcile the need to protect the work of creators with the concept of sharing via the Internet.
www.worldipreview.com
Many believe that the end of image copyright— or, at least, copyright enforcement—is near, but there is no good reason why creators should be forced to give up those rights. We need to re-think our copyright laws to make them ‘fit’ with the new online world, rather than discard them altogether. New legislation is to be expected, but when looking at the Anti-Counterfeiting Trade Agreement (ACTA), we still have an interesting journey ahead of us.
By adjusting legislation in line with online business models, we could actually provide a means for the creator, not just the website owner, to generate income. But to do this, legislators need to
create a law that is
enforceable in practice, as well as in theory; only that will provide a solution that will satisfy the needs of all three parties in the Pinterest triangle.
If you don’t want your images to be on Pinterest, you can block the pinning of material from your website by adding the following code: <meta name=“pinterest” content=“nopin” /> (For more information on this visit http://
pinterest.com/about/help/ and scroll to Linking to your blog or website.)
Helma van de Langenberg is a salaried partner at the Novagraaf Group, based in Amsterdam. She can be contacted at:
h.vandelangenberg@
novagraaf.com
Helma van de Langenberg started her professional IP career as an attorney-at- law in 2002 and has been with Novagraaf since 2006. She advises on all legal IP aspects including copyrights. Her practice involves the international trademark portfolio strategies of leading and innovative international companies, particularly in the beverage and clothing industries.
Trademarks Brands and the Internet Volume 1, Issue 3 31
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