Pinterest only allows members to “pin” links to videos from both YouTube and Vimeo, and not upload the actual videos themselves like they can with static images. But can you still get in trouble for pinning videos that aren’t your own? I asked this question of three attorneys with legal expertise in social media, who explain the potential legal issues with embedding videos on Pinterest that marketers and other professionals need to consider before pinning.
Attorneys Weigh In on Pinterest Videos – Fair Use or Illegal?
Daliah Saper is the Principal attorney of Saper Law Offices out of Chicago, with a focus on New Media and Intellectual Property Issues. She is also a legal analyst on Fox Business News, and has been a featured speaker on legal issues with Pinterest.
“The question of whether or not linking to or embedding a link is considered copyright infringement is one that has yet to be definitively answered by courts. For example, while the Court in Ticketmaster v. Tickets.com found that sharing links themselves does not constitute copyright infringement, other court decisions have laid the groundwork for copyright owners to bring successful claims under contributory copyright infringement against individuals who provide links to infringing material. (Grokster)
Therefore, even if a Pinterest user is merely linking to a YouTube video rather than uploading it, there is still the possibility that this individual may be liable for contributory copyright infringement. It is always best to proceed with caution and avoid linking to or embedding clearly infringing content such as an episode of a TV show. It is also important to note that most copyright owners simply ask YouTube to remove the infringing material instead of going after every individual who has linked to it.”
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By: Grant Crowell