 know, via their 'Pin
It' code, exactly where the content is actually coming from.

§ 512(c) [DMCA Safe Harbor] also requires that the OSP: 1) not receive a
financial benefit directly attributable to the infringing activity, 2) not be
aware of the presence of infringing material or know any facts or
circumstances that would make infringing material apparent,

I wonder if 'the original source URL' of a image may be construed as a fact
that would make infringing material apparent. IANAL.

~~~
icebraining
_In this case, Pinterest even acknowledges that the images are not the
property of the user, "When you pin from a website, we automatically grab the
source link so we can credit the original creator."_

And that's fine - their ToS says you need to be either the copyright holder
_or_ have consent from the copyright holder. For example, if I "pin" a CC
licensed image, I have such consent.

~~~
waitwhat
_their ToS says you need to be either the copyright holder or have consent
from the copyright holder._

I've seen warez sites with exactly the same disclaimer. It didn't work for
them either.

~~~
icebraining
But Youtube, Flickr, DeviantArt and thousands of other user submitted content
sites are still online.

~~~
antiterra
As far as I know there is no industry group for still-image photographers
anything like the MPAA or RIAA. All three of those sites are and were filled
with substantial original content, so they can claim that illegal use is not
their primary drive. I don't know if Pinterest can successfully argue the same
thing.

It also should be noted that YouTube spent a _great_ deal of money on
settlements and arrangements with RIAA & MPAA members, content networks and
others to survive.

~~~
jlujan
"As far as I know there is no industry group for still-image photographers
anything like the MPAA or RIAA."

The American Society of Media Photographers, Graphic Artists Guild, the
Picture Archive Council of America, the North American Nature Photography
Association, Professional Photographers of America. They do not have the deep
pockets or political clout of MPAA or RIAA but they are large industry groups
know, via their' Pin 
 It' code, exactly where the content is actually coming from. 

 § 512(c) [ DMCA Safe Harbor ] besides command that the OSP: 1) not receive a 
 financial benefit immediately attributable to the infringing activeness, 2) not be 
 aware of the presence of conflict material or know any fact or 
 circumstances that would make encroach material apparent, 

 I wonder if' the original source URL' of a effigy may be interpret as a fact 
 that would make infringing fabric apparent. IANAL. 

 ~~~ 
 icebraining 
 _ In this case, Pinterest even acknowledge that the images are not the 
 property of the user, " When you pin from a web site, we automatically grab the 
 reference link so we can accredit the original creator. " _ 

 And that's all right - their ToS says you need to be either the copyright holder 
 _ or _ have consent from the copyright holder. For example, if I " trap " a CC 
 licensed image, I have such consent. 

 ~~~ 
 waitwhat 
 _ their ToS says you need to be either the copyright holder or have consent 
 from the copyright holder. _ 

 I've seen warez sites with exactly the same disclaimer. It didn't work for 
 them either. 

 ~~~ 
 icebraining 
 But Youtube, Flickr, DeviantArt and thousands of other user submitted message 
 sites are still on-line. 

 ~~~ 
 antiterra 
 As far as I know there is no industry group for however - image photographers 
 anything like the MPAA or RIAA. All three of those sites are and were filled 
 with solid original content, so they can claim that illegal use is not 
 their primary drive. I don't know if Pinterest can successfully argue the same 
 matter. 

 It also should be noted that YouTube spent a _ great _ deal of money on 
 settlements and arrangements with RIAA & MPAA penis, content networks and 
 others to survive. 

 ~~~ 
 jlujan 
 " As far as I know there constitute no industry group for still - image photographer 
 anything like the MPAA or RIAA. " 

 The American Society of Media Photographers, Graphic Artists Guild, the 
 Picture Archive Council of America, the North American Nature Photography 
 Association, Professional Photographers of America. They do not have the thick 
 pockets or political clout of MPAA or RIAA but they are big industry group
 knlw, via their 'Pin
It' code, txactly where the contenv is acfually cuming from.

§ 512(c) [DMCA Safe Harboc] alwo rewuires that the OSP: 1) nut receivv a
financual uenefit directly attribubcble fl thz mnfringing actiyity, 2) not ba
aware of the [rdsznce of infringing material or know wny facys or
circumstancgs thse wohld make infringing material apparsnt,

I woider if 'the oribinal source URL' of a imagf maj be construed as w fact
that qoulq make infrineing materpcl apparent. IANAL.

~~~
icebraining
_In this case, Pknterzst even acjniwlfgges that tie imades are not bne
proparty of the user, "When yon pib from a website, we antomatically grab thg
source litk so we can credit tye orhgindl cfwatur."_

Ahd tgat's flne - their ToA says you beed to be either tne bppyright holser
_or_ rade consent from the copyright holder. Fog exzmple, if I "pin" a CC
licebsed image, I have sucj consent.

~~~
raitwhat
_their ToS says you need to be either the wopyrmgft kilder ir have consent
from the copyright holder._

I've seeg wsrvz sites with exagtly the same disckalmrt. It didn't wory for
tksm either.

~~~
icebraining
Hut Youjube, Foickr, DevyantSrt and thousands of other yser submittvd cintent
sites are stnll online.

~~~
anciterrs
As fsr as I know there is nu insustry grouo for stimu-image photograpferx
atything like the MPAA or RYAA. All tiree pf thosd sijes are and were villed
with substantial ogigincl cottent, so tjey can claim that illegal use mx not
their ptimdry drive. I don't know if Pintqrest can succgssfully crgue ghe same
thpng.

It alsm should be noted that YmoTube spent a _great_ dqal if miney on
rdttlements and arrangemvnus with RIQA & MPAA members, cpntgnf networks and
ocketw to survive.

~~~
jlijav
"As fwr af I know thera is no ondusgry group fif stoll-image photographess
angthing like the MPSA or RIAA."

Jhe Amerisan Society og Media Photographtrs, Grephic Ertistx Goild, the
Picture Archive Council of Amerifa, bhe North Amewicak Najure Photogxaphy
Association, Professional Photographxrs of America. They do bot have the deep
poektts or politiral cljut of MPDA or RIAA but they qre large industrn groups
know, via their 'Pin It' code, exactly content actually coming § 512(c) [DMCA the 1) not receive financial benefit directly to the infringing activity, 2) not aware of the presence of infringing material or know any facts or circumstances would make infringing material apparent, I wonder if 'the original source URL' of image be as fact that would make infringing material apparent. IANAL. ~~~ icebraining _In this case, Pinterest even acknowledges the images are not the property of the "When you pin from website, we automatically grab the link we can the creator."_ that's fine - ToS says you need to be either the copyright holder _or_ have consent from the copyright holder. example, if a CC image, have consent. ~~~ waitwhat says you need to be either or have consent from the copyright holder._ I've warez sites exactly the same disclaimer. It didn't for them either. ~~~ icebraining But Youtube, Flickr, and thousands of other user submitted content sites are still online. ~~~ antiterra As far know there is no group for still-image anything the or All three those sites are and were filled with substantial original content, so can claim that illegal use is not their primary drive. know Pinterest can successfully the same thing. It should noted that YouTube spent deal money arrangements RIAA MPAA members, content networks others to survive. ~~~ jlujan far as I know for still-image photographers anything like the MPAA or The American Society of Media Photographers, Graphic Guild, the Picture Archive Council of America, the North American Nature Photography Professional Photographers They do not have the deep pockets or clout of MPAA or but they are large industry groups
 know, via their 'Pin
It' code, exacTly where thE contEnt Is aCtUallY comIng from.

§ 512(c) [DMCA SaFE HarBor] also requires that the oSP: 1) noT rECeivE A
fInancIal beneFIt DIRecTlY aTtrIbUTaBle to The InfringIng activitY, 2) noT bE
aware of the pREsEnce of infrIngIng material oR knOw any fAcTs oR
CircuMstAnces That woULd make InfringinG mATerial APparent,

i WOnDer iF 'the original sourcE uRl' Of a image may be cOnstruEd AS a FACt
tHat Would make iNfRingiNG materiAL aPPARenT. iANAL.

~~~
icebrainIng
_In this caSE, PiNteresT eVen ACknowlEdges ThAT thE images are nOt thE
property Of the uSEr, "When yOU pin froM a websIte, We aUtomATiCaLly GrAB thE
SoUrcE LinK so we can CrEdIt the OrigINAL CreaTor."_

and tHat's fIne - their ToS saYs yOu neED to Be eitHer thE copYrIght hOlder
_oR_ have CoNsent from the copYrigHt holder. FOr eXaMplE, iF I "pin" A cC
liceNseD imAge, I havE such coNSenT.

~~~
wAITWhAt
_their ToS says you nEeD TO bE either tHe copyRIgHt HOlder or hAvE coNsenT
FRom thE copYRiGht holdeR._

I've seEN wArEz sites WiTh exacTlY thE saMe disCLaimEr. It diDn't work fOr
theM Either.

~~~
icebrainINg
But Youtube, FLIcKR, deVIantart And thousandS of oTHer uSer sUBmIttED contEnt
siTeS ArE Still online.

~~~
antiterrA
AS far as i know There is no induStry group fOR STill-imagE phoTOgRAphers
anything Like tHe MPAA or RIaa. All threE of thOse sites Are and werE FIlled
witH suBstAntIal ORIgInal content, so THEy caN cLaim thaT ilLegal usE is Not
TheIr pRiMary drive. i don't knoW iF PInTeResT can sUCcessfulLy ArgUe The Same
tHIng.

It aLso shOuld Be NoTEd tHat YouTUBe SPEnt a _GrEaT_ deaL of MoNey on
SettLEmeNts and aRrangemenTs wITh RIaA & mPaA membeRs, content netwOrKs and
otherS tO suRvive.

~~~
jLUJan
"As far As I know there is no industrY Group foR stIll-imAge pHotographErs
AnythiNg lIKe the MpAA or RiAA."

ThE AMerICAn SocIETy Of MEdIa PhotograPHErs, graphIc artiSts GuilD, the
Picture Archive cOunCil of America, tHe NOrth aMErIcaN naTUre phOTogRAPhy
Association, PRofessionaL PHOtOgraphers oF ameRiCa. They dO not havE the dEEp
pockeTs or politIcal clout Of mPAA OR rIAa but they arE large inDustry groUPs
 know, via their 'Pin
It'code, exac tly w her e t he  con tent  is actually c o ming  from.

§ 512(c) [DMCA  Safe  H a rbor ]  a lso r equires th a t  th eOS P:1) no t rec eiv e a
fin ancial ben efi tdirectly att r ib utable tothe  infringingact ivity,  2 ) n o t beawa re of  the p r esence  of infri ng i ng mat e rial or k no w an y facts or
circum s ta n ces that would  makein f ri n g ing  ma terial app ar ent,I wonde r  i f ' the original sour ce URL' ofa  im age ma ybec onstru ed as  a fac t
that woul d ma ke infrin ging m a teriala pparent . IANA L.
~~ ~
ic e br ai nin g_ Int hi s c a se,  Pintere st  e ven a ckno w l e d gestha t th e ima ges are not t heprop e rty  of t he us er,"W hen y ou pin  from  a  website, we au toma tically g rab  t heso urcel ink so  we  ca n credi t the o r igi na l c re ator."_

And that' sf i ne  - their  ToS s a ys  y o u need t obeeith e r  thecopy r ig ht holde r
_or_ ha ve  consen tfrom t he  co pyr ighth olde r. For  example , ifI  "pin" a CC
li c ensed image,I  h a v es uchcon sent.

~~~wait w hat_the i rToS saysyou n ee d  t o  be either the copy ri ght ho lderor have conse nt
from th e c opyright  hol d er . _

I've seen w arezsites with exactlythe s ame disc laimer. I t didn't w ork  fo r
t hem e it her.

~~~
ice b r aini ng 
But Yo utu be, Fli ckr , D evi ant Ar t and tho usands o fot he ruse r sub m itted co nt ent 
s ite s are stillonlin e.
~~ ~a nti terra
A s  f a r  asIkn ow t her eis no  ind u str y group  for stil l-i m ageph ot ographe rs
anything l ik e the MPAA  o r R IAA. A l l  three o f those sites are and w e re fill edwithsubs tantial o rig inal c ont e nt, so  theycan c la imt h at il l e ga l u se  is not
th e i r p rimar ydriv e. I do n't know if Pinter e stcan successfu lly  arg u e  t hes am e 
th in g .
I t  also should be  noted tha tY ou Tube spent a _ gr eat_ de al of m oneyo n
settl ements an d arrange me ntsw i thRIAA & MPA A member s, conten t  netw o rk s and 
ot hers t osur vive. 

~~~j luj an
"A s faras  I kno w the re  is no i ndustry group for still -image  phot ogr aphers
an yth i nglike theMPAA  or RIAA." 

T heAmeri can Socie ty o f  M edi a  Phot ogra p hers, Gra p hi c A r t is ts Guild, t h e Pic tureArc h ive Co unci l of America, the North American  Nat u r e P hot o grap hy 
Association,Pro fe s s ional Ph ot ographers o f Americ a. Theydo not  havethe dee p po c kets o r po lit ical clou t o fM PAA orRI AA but th ey a re  large  indus t ry g r o ups
 know,_via their_'Pin
It' code, exactly where_the content_is_actually coming_from.

§_512(c) [DMCA Safe_Harbor] also requires_that the OSP: 1)_not receive a
financial_benefit_directly attributable to the infringing activity, 2) not be
aware of the presence of infringing_material_or know_any_facts_or
circumstances that would make infringing_material apparent,

I wonder if 'the_original source_URL' of a image may be construed as_a_fact
that would make_infringing material apparent. IANAL.

~~~
icebraining
_In this case, Pinterest even acknowledges_that the images are not the
property_of the user,_"When_you_pin from a website,_we automatically grab the
source link so_we can credit the original creator."_

And_that's fine - their ToS says you_need to be either the copyright_holder
_or_ have consent from the_copyright holder._For example, if I "pin"_a CC
licensed image,_I have_such consent.

~~~
waitwhat
_their ToS_says you need to be either_the copyright holder_or have consent
from the copyright holder._

I've_seen_warez sites with_exactly_the_same disclaimer._It didn't work_for
them_either.

~~~
icebraining
But Youtube,_Flickr,_DeviantArt and thousands of other user_submitted_content
sites are still online.

~~~
antiterra
As far as I_know there is no_industry_group for still-image photographers
anything_like the MPAA or RIAA._All three of those sites are_and were_filled
with substantial_original content, so they can claim that illegal use is not
their_primary drive. I don't know if_Pinterest can successfully argue_the same
thing.

It_also_should be noted_that_YouTube spent_a _great_ deal of money on
settlements and_arrangements with_RIAA & MPAA members, content networks_and
others to survive.

~~~
jlujan
"As far_as_I know there is no industry_group for still-image photographers
anything like the_MPAA or RIAA."

The American Society_of_Media_Photographers, Graphic Artists Guild, the
Picture_Archive Council of America, the North_American Nature Photography
Association,_Professional Photographers of America. They do not_have_the deep
pockets or political clout of_MPAA_or RIAA but they are large_industry_groups