Pinterest site's massive repository of RB artwork

Peter Hill Peter Hill 589 posts

1,366 works to be exact. Check it out. Are you there?

Interestingly, the site also copies the words of your Description. Double whammy.

The site has a DMCA page, if you’re not happy with this soft marketing.

RPGesus RPGesus 615 posts

free viral advertising, meh

AlisonJohnston AlisonJohnston 7673 posts

The images link back to the artists work on RB.

James Coard James Coard 386 posts

Is it wrong of me to be disappointed when nobody steals my work :)

© Joe  Beasley IPA © Joe Beasley... 3915 posts

The images link back to the artists work on RB.

That would mean that it would be “fair use” (same as Google Images and other search engines

Peter Hill Peter Hill 589 posts

That would mean that it would be “fair use” (same as Google Images and other search engines

I’m sorry Joe, but I don’t quite agree. The page I’ve linked to is the search results from within Pinterest. As distinct from Google Images and other search engines, members of Pinterest actually upload images they’ve grabbed from elsewhere. That constitutes re-publishing without permission. Including a link back to the RB page is all well and good, but it does not mitigate the un-authorised re-publication and nor does it constitute fair use. Some aren’t fussed as it hopefully generates traffic back to the original page on RB. If you are fussed, however, you will find your images re-published on multiple pages on Pinterest as more and more of their members grab the image. Another thing that Pinterest does is re-publish the Description we place with our images when we upload to RB. This is another breach of copyright and, personally, I do not want to this to happen to my Descriptions.

© Joe  Beasley IPA © Joe Beasley... 3915 posts

@ peter

I see what you are talking about now, here is one by Annie Leibovitz

Peter Hill Peter Hill 589 posts

The creators of the site may well have the best of intentions, although I haven’t examined the monetisation of it yet. I just find it strange its members can’t simply surf RB and instead feel the need to “capture” something they like and display it. There is a real gap in awareness of what this means to the original photographer/artist, and I wonder how many feel that since its “on the web” it’s ok to grab it.

I daresay Ms Leibovitz is not going to be pleased!

frogpoo frogpoo 610 posts

There is nothing on this website that can’t be found by generic searches via Google images.Everyone who has a website should do a search for their own images via Google images to see if any commercial use has occurred.
This particular site does not have any commercial activity directly involving artworks from Redbubble.
What it is doing is really just a form of indexing not unlike Google.
It is highly likely that someone at Redbubble has decided to use this site ie"pinned Redbubble".
Without commercial profit from these images,it would be difficult to claim copyright infringement.
As pointed out earlier,fair use in a non-profit form would be difficult to override.
Location of site and servers in the USA,provide a blanket of immunity to sites such as these.
Think Facebook,Twitter,Wordpress Flickr and Picassa to mention a few.
Google Images is of course the biggest repository of Artworks on the internet.
When you look at sites like Flickr,you not only find a huge amount of private images,but also an enormous amount of Artworks covering all areas of interest,some in the public domain some not.
Flickr is actually a defacto research site for art as is Google.
One might assume that Pinterest has the look and feel of a new startup with money to do a Facebook,YouTube,Twitter style,profit from advertisng at a later date.
Contact info is there for anyone who is aggrieved,but I would suggest that if their are copyright issues,rather than taking individual action 1300+ times,it would if there is copyright infringement be better if RedBubble Admin looked into it and if required served an infringement noyice on behalf of Redbubble and all of its artists.

© Joe  Beasley IPA © Joe Beasley... 3915 posts

The United States No Electronic Theft Act (NET Act), a federal law passed in 1997, provides for criminal prosecution of individuals who engage in copyright infringement, even when there is no monetary profit or commercial benefit from the infringement

© Joe  Beasley IPA © Joe Beasley... 3915 posts

What is repinning?

Repinning means re-posting a pin you find on Pinterest to your own collection. When you repin, we credit the person who first pinned the item and bring along the original source too.
http://pinterest.com/about/faq/

Which raises the question of why some repins have links to the source and others don’t"

AlisonJohnston AlisonJohnston 7673 posts

How are they infringing copyright … unless they can sell the images from that site, which I didn’t see any evidence of. As long as the images link back to the artists profile here on RB, isn’t it just free advertising ?

AlisonJohnston AlisonJohnston 7673 posts

Which raises the question of why some repins have links to the source and others don’t"

That answers one of my questions :)

© Joe  Beasley IPA © Joe Beasley... 3915 posts

As long as the images link back to the artists profile here on RB, isn’t it just free advertising ?

That meets the “fair use” requirements under US Law for search engines, but it is not necessary to sell a image to infringe on copyright

Public Display is one of the rights the artist has;
If paid advertising is on the site, that may be considered a commercial use of the art. The art adds value to the site allowing them to collect higher fees for displaying advertising

AlisonJohnston AlisonJohnston 7673 posts

Yeah, fair point Joe :)

© Joe  Beasley IPA © Joe Beasley... 3915 posts

The Supreme Court of the United States described fair use as an affirmative defense in Campbell v. Acuff-Rose Music, Inc..[ This means that, in litigation on copyright infringement, the defendant bears the burden of raising and proving that his use was “fair” and not an infringement.

http://en.wikipedia.org/wiki/Fair_use#Fair_use_...

© Joe  Beasley IPA © Joe Beasley... 3915 posts

I have not found any of mine on the site, but as long as there is a link-back to the RedBubble product page I have no complaint with them

MLabuda MLabuda 6968 posts

“an online service that allows users to create, view and follow visual collections”

There has to be a monetary motive somewhere, no?

frogpoo frogpoo 610 posts

If you dig around the site you will see that it is in ‘beta’
There isn’t any option to join directly.
They are releasing an ‘App’ soon.
They are tied into a free website and blog host called Posterous.
They are clearly linking into the social networking side of things.
Good,bad or indifferent,it’s there,it has 1300+ links to Redbubble and whether or not it removes those links,images etc,everything once placed into Google’s universe is going to stay there.
Even pages deleted off a server can still be found months later ( as an image)
At the end of the day,if there is copyright infringement,then the onus is on Redbubble to deal with it.They are the primary host of all of these artworks.The ‘pinning’ is a live link to the artists portfolio at Redbubble.
Redbubble can if they so choose block the Pinterest domain from directly linking to artists work.This would render all links useless very quickly.

MLabuda MLabuda 6968 posts

“If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Pinterest’s Designated Copyright Agent.”

Does any site that we post work on, act as our agent in a copyright dispute?

The artist owns the copyright, no?

© Joe  Beasley IPA © Joe Beasley... 3915 posts

Does any site that we post work on, act as our agent in a copyright dispute?
The artist owns the copyright, no?

NO and YES
Action you can take if your art has been copied:
1) In cases where the works are displayed without correct credit or links, we’d recommend contacting the individual directly requesting they do so
2) In cases where the works are displayed without correct credit or link and you’d like them removed altogether, we’d recommend politely contacting the individual asking for them to be removed.
3) In cases where the works appear for sale or where someone is claiming the work as their own, contact the individual asking that the works be removed immediately. We’d also recommend contacting the site administrators to alert them to the behavior.

http://support.redbubble.com/kb/advanced/is-my-...

MLabuda MLabuda 6968 posts

Agent

“1. Agency Appointment

1.1 You appoint RedBubble as your agent to market to and obtain orders from customers for the purchase of your products over the website and to fulfil those orders by manufacture and delivery of your products (“appointment”) and we accept the appointment and will carry it out with regard to your interests."

The language used in the cited section, “Is my art safe on the internet?”, seems to mean, that RB has a staff to deal with reported copyright issues. But, is that a granting to be my agent and act on my behalf, even though I did not ask to be represented?

I have to file a copyright complaint to start the process, RB or any other site, don’t I.

© Joe  Beasley IPA © Joe Beasley... 3915 posts

I have to file a copyright complaint to start the process, RB or any other site, don’t I

Yes. Since RB does not have a exclusive right to your work, they don’t know if it being on another site is an infrigement or not
This is on the site with permission [They paid a nominal fee]

seems to mean, that RB has a staff to deal with reported copyright issues. But, is that a granting to be my agent and act on my behalf, even though I did not ask to be represented

That staff would handle complaints about work on RB

When the Copyright Protection Group was set up, the agreement with Kathy was that the group would be involved only with infringement of members copyright on other sites. Any questions about onsite infringements would be handle by admin,

AlisonJohnston AlisonJohnston 7673 posts

1.1 You appoint RedBubble as your agent to market to and obtain orders from customers for the purchase of your products over the website and to fulfil those orders by manufacture and delivery of your products (“appointment”) and we accept the appointment and will carry it out with regard to your interests."

That doesn’t include protecting our copyright though, does it ? RB’s sole job, on our behalf, is to market and obtain orders, manufacture and deliver.

© Joe  Beasley IPA © Joe Beasley... 3915 posts

That doesn’t include protecting our copyright though, does it ? RB’s sole job, on our behalf, is to market and obtain orders, manufacture and deliver

I am sure that they don’t want to go down that road, but I do think that it may be in their best interest to take action when hot-linking occures

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