Thursday, March 1, 2012

The Butterfly Effect- Pinterest & True Xoxo Girls Challenge

The Butterfly Effect
According to Wikipedia it's the sensitive dependence on initial conditions
How a small change in one place in a non linear system can result in a large differences in a later state.
It's Chaos Theory- unpredictable, unstable- highly complex.
The True Xoxo Girls Challenge for March is Pinterest Inspiration.
Use those lovely boards to make something and show us what you come up with! The prize is a GDT for April!
My piece has been scrap lifted from a beautiful digital design by almadr on Flickr. Click here to see the original.
Materials: Scrap FX butterfly chipboard, My Mind's Eye paper and stickers, Sassafras Lass border and photo corner stickers, Gauche Alchemy Wedding Night white mixed media color kit, Liquid Pearls in yellow, Studio Calico alphas and Mister Huey in Calico Cream and White
For this Month's True Xoxo Girls Challenge I found myself knee deep in an ethical dilemma.
I love Pinterest. I think it's the Beez Kneez- the ultimate fun time inpiration tool for artists of all stripes.
I use Pinterest every day. Or rather, I used to.
I am now considering deleting all my boards.

Here is why: (direct from the Pinterest User's Agreement)
By making available any Member Content through the Site, Application or Services, you hereby grant to Cold Brew Labs a worldwide, 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 such Member Content only on, through or by means of the Site, Application or Services.
Putting aside all worries about potential lawsuits from disgruntled artists, designers, photographers, architects, fashionistas- basically- anyone who has a digital presence. That clause in the User Agreement hasn't been proven in court yet so there's no reason to panic- YET.
Don't FEAR it. BE IT.
How do I feel about participating in the wholesale high-jacking of individual copy right? 
That is what the legal booty covering above does. 
If you come on this site and pin one of my scrapbook pages, Pinterest now has the right to sublicence, use, copy, adapt, modify, SELL, LICENCE, and OTHERWISE EXPLOIT my image as they see fit in perpetuity
It's Non exclusive! Woot! I guess I should be happy about that? 


Pinterest- you can take the scrapbook page- it's made with other people's designs anyway. 
The photos are MINE. 


Here is a code that allows you, me or ANYONE to opt out of the Pinterest madness- 


Just add that bit of HTML code to the top of each and every blog post you don't want pinned. It will disappear when you add it .. right here...  no here...
Let me make a photo- the code really did disappear into this post. 
If you don't block Pinterest assumes you are ok with them acting as a royalty free imaging super store where YOU- your family, your pet, your life's work are the product. By the way- Facebook has a similar clause but here's the difference- I can upload images and control my story on Facebook. I decide what family photos might end up for possible sale. Not so with Pinterest. 


Flickr has implemented a simple YES/ NO button on their site to prevent pinning: 
This is great for those who would prefer their personal websites get the traffic (We all know it's rare for people to visit the actual website- for many, it's just pin and get on with your life)
Read about it here: http://mashable.com/2012/02/25/flickr-pinterest-opt-out/


Let me just say- I don't mind being pinned. I get immediate feedback on what people like which helps me design more effectively AND I feel appreciated and influential- what's not to love? I don't judge people who disagree with me or don't care about this issue and just want to look at pretty things. I understand and feel pretty much the same. I love my boards! I spend time looking and thinking and learning to cook. I love the idea behind Pinterest! But it's good to inform yourself so you can protect yourself.

My beef is with is the Pinterest User Agreement that allows Cold Brew Labs to sell my photos IF and WHEN THEY DECIDE.
Scrap FX chipboard and vellum.  The "photo" is an Instax print that came out blank 
because I loaded the camera wrong. Those babies are a dollar a pop. I'm using them!
I might annoy a lot of people who will deflect my arguments with FAIR USE! FAIR USE!
Here is a link to FAIR USE as defined by the US copyright office.


If you are taken to court in the near future, you have already lost. 
You will have to hire a lawyer and pay them to defend yourself. 
It will be easier to "settle"out of court which means you will PAY for those pretty pretty pins.
Why are you fighting Cold Brew Labs' battle? Are you getting affiliate link kick backs from pinned item sales? According to a recent New York Times article you aren't. OOPS

Pinterest works the code (on the DL) so they also get affiliate sales!!! 
Aren't they just SO AWESOME?
Innocently swimming through shark infested waters.
MuChOS SmOoChEs!
LA PELEONA





17 comments:

  1. Nah...I'm not particularly bothered by the fine print...at least as I understand it. If I didn't want anyone to repin my work, I wouldn't post it, and I could always overwrite images with a copyright watermark to protect them, right?

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  2. Unfortunately not. The watermark just becomes part of their royalty free image database along with all the content of your photo. I don't make work I don't post because I learn from the comments people leave here but I don't mind my scrapbook pages becoming possible Pinterest "product" (say THAT 3 times!). I mind my photos being so. It really bothers me that FAMILY photos especially could be sold by a third party at some point. And it REALLY bothers my husband who has gone as far as to ask me to stop posting photos where her face is showing. He's been so supportive so far this really made me think.
    You bring up a great point on the watermark thing! Perhaps watermarking images is the best way to keep anyone from trying to BUY them if they are ever sold by Pinterest. Hmm something to think about!
    Thanks Madeline!!

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  3. really love your butterfly layout...gorgeous. THANK you for your words about Pinterest...I appreciate it.

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  4. As always, you hit it out of the park with that LO! I so love that you are using EVERY single one of your instax picts :) Thanks for your words about pinterest. I find the whole thing a bit confusing. I don't pin, but I do use the site to search for fun things and I am like you - I like when I find something on there of mine. Kinda cool, ya know? It's always nice to know someone is liking what you are doing....

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  5. this layout is so soft and beautiful. i love looking at it! x

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  6. Such a gorgeous layout! (and thanks for the pinterest tip). I did a digital photo frame, and then a couple months later I saw someone with my photo pinned and the price $290.00 on it. Kind of freaked me out because my photo frame was never for sale.

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  7. I'm just learning Spanish; so I had to look up your signature -- the Feisty? I love that! I had no idea about this feature of Pinterest and am glad you brought it up. I'm sure most people are unaware of the issue. I'm totally with you on the family photos concern. I suppose you could blur out Lola's face when you post, but she's so darn cute I would miss seeing her!

    Love your butterfly/change layout. The arrows add color and direction and it's another great design.

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  8. Love the layout very nice i think i just purchased that paper on monday .. thanks for the awesome idea...

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  9. So much info and commentary on this right now!!
    I am looking forward to seeing what shakes out... Pinterest will eventually go the way of Napster IMO - and something new will take its place!
    LOVE LOVE the layout too...

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  10. Love it! Your page is beautiful! And thanks for the information on Pinterest.

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  11. love love your page--I seeit as a bit of encouragement--Change is Good. As far as affiliate links go, this is what I have found out: "Skimlinks does not touch existing affiliate links, only unaffiliated ones." http://blog.skimlinks.com/2012/02/08/it's-not-a-secret/

    So it's a pretty straight-forward way for Pinterest to make money without in-your-face ads.
    xo

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  12. Beautiful layout - it has such a light feel to it. Interesting about Pinterest - I don't mind the affiliate links but think that they should be upfront about it. The ToS issue is more worrying - hmmm - food for thought

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  13. You already know I LOVE this!!!!!! Thanks for that HTML code too..I might be using it. I love to see other's work and I don't mind my stuff on there too but not for their profit and (like you) not for them to take me kids pics and do what they want! I already hardly post pics on FB for that reason:(

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  14. Great layout, thanks so much for the info! Love Penny Scrap-aholic@blogspot.com

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  15. What a great page! I love all the details. So beautiful.

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Ok peeps lets CHAT! You tell me what you REALLY think and I PROMISE to keep it open minded here.