another real-life pin board

A couple of weeks ago I wrote a post for Scoutie Girl about Pinterest and my growing concerns and unease about copyright infringement and image use. The Scoutie Girl* community showed up in a big way to discuss this, and there are comments, thoughts, and opinions that cover all sides of the issue. {You can read them here.}

I, for one, hope the dialogue continues as we sort through the ins and outs of intellectual property rights and fair use, versus outright stealing and profiting from another’s work. Whether the conversation is centered around Pinterest, Tumblr, personal websites, etc, it’s all at issue and it’s all important as we move forward in a world that is largely dominated by the internet and how we use it.

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One person has been working for while now on just this topic, and this week I interviewed her. So without further ado, Kal Barteski: designer, illustrator, writer, poet, photographer, entrepreneur, and founder of Link with Love.

Liz Kalloch: What motivated you to start the Link with Love campaign, and how long has it been around?
Kal Barteski: I was inspired to start LINKwithlove.org in June 2011 after I found a series of my own pieces (as well as other artists’ pieces) being used inappropriately and for profit after being posted on Tumblr and Pinterest — without proper credits or links.

And let me be clear, when I say “used inappropriately” I mean they were posted one and a half million unlinked times on Tumblr, and being sold as prints, as t-shirts, as necklaces, as advertising. One image was even being used in porn. It wasn’t a matter of one piece being used one or two times — it was shocking and it was a wake up call for me.

There’s a person behind every photo, painting, word, recipe, poem, etc, and that tends to get lost in an age where the internet seems like a black hole of anonymous, easy, free material. Reckless sharing of intellectual property online is dangerous and unkind and we can make it better if we work together to remind each other of that.

The idea behind LINKwithlove is this: link to the creator/origin + spread the word that by being respectful + kind we make a better online experience.

LK: Without all the legal-ese and starchy lawyer talk, could you tell us what your understanding is about intellectual property rights?
KB: I’m not a lawyer. I’m an artist. My best understanding of intellectual property is this: if you didn’t create it, it’s not yours.

A good general rule is this: if you didn’t make/write/photograph/paint/create it, get permission before you use/share/post it. Creators are nice people who generally like to share and love to be asked. It creates relationships and connections. Wouldn’t it be amazing if we treated each other with respect and love?

LK: A little while back you started The Pinterest Project. What was its purpose?
KB: The Pinterest Project was simple: get an image optimized for the Pinterest visual scheme to be pinned enough times to create a conversation.

Image theft and misuse didn’t start with Pinterest but CHANGE needs to start somewhere.

I started with Pinterest because Pinterest is run by real, likeable people that seemed to me would have an innate understanding of how the wild sharing of images online affects real people. It affects different kinds of intellectual property in different ways.

I had the chance to meet Ben Silbermann at the ALT Summit design conference in Salt Lake City and he was genuine and kind. He listened to my case and stated that it was something that they understood to be a priority and were currently working on possible solutions.

The purpose of the Pinterest Project was to bring attention to the fact that Pinterest has a captive audience and could reach + teach + change the way people think about sharing. And linking. And being kind. However, the Pinterest Project ended up educating in an entirely different way — it brought the Pinterest Terms Of Service (TOS) to light and the discussion escalated.

It turns out that linking to the origin is incredibly important, but getting permission first is even more important. Pinterest TOS states that you can only post what you have the copyrights to, but you shouldn’t pin your own work because that’s self promotion. Which means there’s nothing you can pin without permission. But there’s a “Pin It” button next to nearly everything on the internet. So what the heck?

Also, it’s incorrect to assume that everyone wants their work to be shared in an environment like Pinterest. What about images under license agreements? Copyrighted work? Stock images? Photos of your children?

Pinterest’s TOS also states that when you pin something, Pinterest collects a full-sized copy and reserves the right to:

“an irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit”.

And if lawyers get involved it’s the original pinner who is responsible and who will be held liable. The Pinterest Project opened a whole bunch of eyes — especially mine.

LK: With all your work on LinkwithLove and then the Pinterest Project, did you ever try to speak with anyone at Pinterest about your concerns? If so, how did that go?
KB: Yes. I met briefly with Ben and he is very nice. I don’t feel like he understands the impact something like Pinterest is having on artists, designers, crafters, writers, etc. Or maybe it’s just not as big a priority as the new profile design, advertising, clicks, and company growth. I can’t answer for him.

LK: How would you respond to those people who say that if you put something on the internet it’s fair game, it’s open access and free?
KB: I’m not sure how to respond to that statement anymore. I’m pretty sure that copyright lawyers would disagree. I disagree. It is something I hear all the time and I wonder how we have gotten to that point. Is it fair game to walk into a book store and take books? To an art gallery to take paintings?

LK: As an artist who makes her life and her living with her art, how do you respond to people who say that a few stolen images are just the price you pay for getting exposure on the internet?
KB: Sadly, I would say that I understand and live the idea that a few stolen images are often the price you pay for being on the internet.

Pinterest has changed the game. “A few stolen images” has become a few images stolen hundreds of times. It has multiplied misuse. So, no, I don’t believe that giving art for free is the price you pay for being on the internet. The internet is made up of people and I believe what Maya Angelou said: “When you know better, you do better”.

It feels like there has been a shift in thinking. Not only are intellectual properties like art and ideas more accessible, but they’re being shared in ways that overlook the fact that there’s a creator behind the work. It’s misleading. It’s a clicking war for hits and dollars, which says to me that obviously, art must have value — otherwise it would not be shared at the rate it is being distributed.

But, what does this say about how we value creators of the images we so readily pin?

At the end of the day it makes my heart heavy to think that just because something has been shared on Pinterest, it is no longer in the owner’s control. Its fate is now in the hands of 11 million people and a corporation. That makes no sense to me and that’s why I deleted my Pinterest account. It doesn’t feel right to share like that.

LK: If Pinterest made some changes and did a better job of protecting creators’ intellectual property rights, would you re-join?
KB: No. If Pinterest made changes to their Terms of Service and took strides to educate people, I would feel optimistic. But so far, they’ve done little to engage the concerns of the community. They have a captive audience that spends big blocks of time on their site so they are in a prime spot for spreading the word and helping to educate people. But they’re not.

I am, however, encouraged by sites like FLICKR and Snapwidget who have responded promptly to the concerns of their users by taking the “Pin It” button off copyright protected materials.

LK: How is life post-Pinterest?
KB: Busy, beautiful, and full of new paintings.

Kal Barteski is an artist who paints, designs, photographs, and writes stuff. Every day and in all sorts of media. At the moment, she’s enthralled with the dramatic scripting of her sumi brush. But when she’s not painting letters she mixes it up with wildlife, abstract, and whatever else her heart desires. She’s an award-winning illustrator + graphic designer. She sees the bright side + finds it very beautiful. She won a Woman Entrepreneur of the Year award, published a book, and found out you don’t need much to live the life you dream. She’s a painter, dog-walker, mom, poet, and in her spare time she drinks too much coffee. You can find her on Twitter here: @kalbarteski

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*I’d like to thank the Scoutie Girl community for leaving comments and responses to each others’ comments on the post “Are We Pinning Yet” that varied deeply in opinion, yet were written in the spirit of true and respectful dialogue.

The dialogue continues!

We are planning a virtual panel discussion on this issue for next month. Keep an eye out; we’ll announce the details soon!