I really enjoy the Pinterest site as do many of my family and friends but I am concerned that they will be forced to shut down for copyright infringement reasons. So, I took a look at Pinterest’s DMCA Policy and related terms and found lots of things they need to fix immediately.
1. Pinterest’s DMCA Policy includes this sentence:
“Upon receipt of the Notice as described below, Pinterest will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site.”
What is wrong with this? Well, under the DMCA, if Pinterest receives a properly completed (effective) DMCA Notice, it MUST disable accesses or remove the content alleged as infringing. Pinterest has absolutely no “discretion” as it deems “appropriate” under DMCA to do anything else. This sentence only creates confusion and is technically incorrect.
2. Its DMCA Policy on its webpage does not match the Designated Agent information it submitted to the Copyright Office here.
Looks like they forgot to update it between the time when it was originally filed 2 years ago and when they went live with their site in 2011. On its DMCA Policy page, it does not provide the name of its Designated Agent who is Ben Silberman (co-founder). And, the email address on its DMCA Policy webpage is different than the email address it provided and filed with the Copyright Office. And, the street address and telephone number on its webpage is different than the address and telephone number it provided to the Copyright Office.
In order to qualify for the DMCA, Pinterest must designate an agent (a person) and provide the email address where this person will receive DMCA Notices and Counter-notifications. It is required to file an updated Designated Agent Form if it changes. This requirement is at the heart of the DMCA safe harbors. Simple fix– file a modified Designated Agent form here. It will cost them $135 but that is the best $135 they will ever spend.
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