Copyright Infringement and the Second Generation of Social Media Websites: Why Pinterest Users Should Be Protected from Copyright Infringement by the Fair Use Defense

Abstract

Early social media platforms have evolved into a new generation of online information-sharing. The focus of social media is shifting from user-created content to user-found content. This trend is shared by new versions of the original social media powerhouses and recent social media start-ups. For example, both Twitter and Facebook have made it easier for users to integrate photos and videos from the internet into their profiles. Additionally, new “second generation” social media platforms have expanded on this trend by focusing almost entirely on found content — especially pictures. The most recent product of this social media evolution is Pinterest. Pinterest debuted in late November 2009 and since then has exploded in its number of unique visitors per month. Pinterest has become an increasingly popular way for people to share interesting things found online. Pinterest focuses on photos, videos, products, and other interesting things found online, rather than original creation. Recently there has been concern that this emphasis on found content could expose users of second generation social media websites to significant legal liability. Ironically, the ease and visual appeal that created the public’s interest in Pinterest and other second generation social media websites, could turn out to be the largest impediment it their continued successes. With Pinterest’s growth and popularity comes a concern about widespread copyright infringement. This paper will evaluate the potential copyright infringement liability for Pinterest users. As this paper will demonstrate and predict, the statutory fair use defense would likely shield most Pinterest users from copyright infringement liability. Part I will introduce Pinterest and explain how it works. Part II will briefly discuss copyright law and how it would likely apply to Pinterest. Part III will analyze the applicability of the fair use defense to copyright infringement on Pinterest. Part IV will conclude by predicting that the fair use defense would protect most Pinterest users from copyright infringement liability.