IP/Internet Lawyer Opinion About Pinterest Policy

One of the concerns of Pinterest users (beyond a host of other issues like image attribution, and links to original sources) is the fine print under Terms of Use on the Pinterest site.

Riley Noehren, an IP/Internet lawyer and maker, has allowed me to repeat his insight into the fine print of Pinterest, the baffling mumbo jumbo that is hard to decipher or understand.

Below is the opinion of Rily Noehren:
"I'm an Etsy member and an IP/Internet lawyer.  Part of my job is to draft website terms for my clients, and this is a pretty standard provision.  It is necessary for Pinterest to have this license in order to be able to run its website.  You will find similar provisions in the terms
of any website where the user can upload content.  For example, Facebook's terms include the following:

"For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it."

"There are a few key limitations to what Pinterest is doing:
1. It is just a license, not an assignment of rights.  You keep the rights to your photos, etc.  Pinterest just has a right to use them in a limited context.
2. The license only extends to things related to the website.
3. The license only covers the content you upload, such as your photos, not the crafts themselves.
4. The license only extends to Pinterest, not other Pinterest users for use off of the website.

If you noticed that Facebook's license ends when you delete your account, but Pinterest's is irrevocable, that is because the whole idea of Pinterest is for others to repost your photos.  Again, this is really necessary in order to make Pinterest work.  However, it doesn't hurt to remember before you upload anything that it will be there forever."

"It is important to remember that even if a website is "free," there is still a cost for using it--namely, your agreement to be bound by the terms and privacy policy.  I think if most Etsians were to weigh the costs and risks associated with Pinterest, the balance would still favor using Pinterest because it is an excellent, low, or no-cost marketing tool. However, each person needs to make that decision for themselves based on the type of work they do."

Riley Noehren
IP/Internet lawyer

Harriete says:
I agree that it is very difficult to understand the fine print Terms of Use. On every site, the terms are written by lawyers paid by the internet site provider to protect the site, not the artists using the site. Ultimately, each person has to decide what is the balance between risk and benefit.

This post was updated on March 11, 2022.

Pinterest Search Results Do Reveal Problems AND Revelations

The last two posts were about Pinterest.

Pinterest - Quick Tips to Become a "Pinner"

Pinterest The Huge Concern

The concern all around by artists and makers is proper attribution of their work.  By attribution, I mean the name of the artist and possibly a link to their website. To investigate this problem, I searched for my work on Pinterest.

I found my work on Pinterest under searches for "Harriete Estel Berman" and "harriete-estel-berman". Not all images had my name in the description. Most of the images don't even have any description, let alone a full and accurate description. Very few included links to my website. A lot of the images were from blogs, photo-sharing site., or online interviews but most did not link back to my website or this blog, ASK Harriete.

The impact: visibility for my work, but not necessarily traffic for my website or blog.

While this doesn't make me happy, I am not sure how it hurts me or my work. It isn't as good as it could be, but there are many other things that could be worse. And there are some serious issues yet to be addressed.

A BIG CONCERN PUBLICLY discussed is the source of the images.

Investigating and experimenting, I have made a discovery. If you keep clicking on a Pinterest image it goes back to its original source, maybe.

 

 

• The first Click goes to the person who last pinned the image.
• The next CLICK goes to where ever the person found the image.
• So the source of the image can be discovered after all! 
  
  

OOPS...the unfortunate aspect is that this doesn't work all the time. Sometimes clicking on an image goes back to an empty Google search box with no original source. So I would like to recommend that if you find an image on Google Image Search, try to find an original source for the image. 

Taking the image directly off Google makes Clicking back to the original source for the image impossible. Or at least that is what I think is happening since it goes back to a blank Google page with no information, and no links or resources.

another problem:
If people download your image, then upload the pinned image from their computer, there is no source for the image.

What about screen capturing an image and then creating an image on their computer to upload? There is no source for that either!

I think an important issue is how we, the arts community will offer a better description and acknowledgment for the images, with possible photo credit and additional information. We can't complain about others unless we take responsibility for ourselves.

Are you carefully posting images as a resource for others with complete information?

Are you carefully posting your own work with a complete description including your own name?  That was a real shocker when I realized that including my name in the description was necessary because people might repin the work. Thus my images could be traveling far from my own pinboards.

Harriete

Stay tuned. I have more information about Pinterest and options.

This post was updated on March 11, 2022.

Pinterest The Huge Concern

Years ago interest in Pinterest was explosive. This changes with time and social media platforms but one issues of concern remains.  I heard that Pinterest was the first social network to reach 10 million visitors a month. There is a lot of analysis of this dynamic new site, For artists and makers, there is a huge opportunity to share your work. Lots of possibilities, but I'll skip to the big issue for artists and makers.

The huge concern with Pinterest and other sites is the appropriate attribution for the images. The concern is that images of art or craft may travel around, pinned, and repinned, or shared without proper attribution to the artist/maker. Addressing this concern there are rumors, suggestions, and proposals that artists and makers might decide to watermark their images.

I do not like Watermarks in photos. 
As a result, I am not going to watermark my photos and ruin the image because of others' irresponsible behavior. That is my opinion at the moment...but on the other hand, can't we all join together, work together, post together protecting each other with appropriate attribution?

Here is where everyone, yes, EVERYONE needs to take responsibility for posting images with complete descriptions.

Please, please, please, can we all make Pinterest, Instagram (or any other site)   the best it can be. Honor the creativity behind the images with complete information.

• Add the artist's name to the description (including your own name).
• Add a link to the original (artist's) website, if possible. 
• Add links for your source.
• Add photo credit, if possible.  
• Add an accurate (even if short) description.

Harriete

Tomorrow's post... more Pinterest introspection.

This post was updated on  February 27, 2023.

Pinterest - Quick Tips to Become a "Pinner"

Learning about Pinterest is always a revelation as they continue to modify their policies and Pin Etiquette. I used to love Pinterest and then with Instagram my interest faded. It is difficult to manage so many different platforms. 

After some hours of experimentation, I can share several tips to help you become a "Pinner" and take advantage of some of the unique features of Pinterest that are different from other social networking sites like Facebook and Twitter.

The great realization is that Pinterest is a natural website for artists and makers since it is image-based.  Artists/makers can post images of anything and everything we love.  It could be like a sketchbook of inspiration or function for self-promotion. I do however have several reservations and concerns which will be discussed here.

The top priority is to always always, always include a link to the original source for the image.

Credit Your Sources
Pins are most useful when they have links back to the original source. If you discover a pin that is not sourced correctly, leave a comment so that the original pinner can update the source. Finding the original source is always preferable to a secondary source such as Google Image Search or a blog entry.

Include as much information as available about the image in the text box with your original pin. This is your only chance to include the appropriate information including the artist's name, description, and photo credit with the image.

COMMENTS DO NOT TRAVEL WITH THE IMAGE: An unfortunate aspect is that your comment does not travel with the image if it is repinned. Thus efforts to include additional information about the image or a link to the original source (in the comment) will only be on that particular page. Nowhere else. Test this yourself. Comments do not travel with the image.

PIN ETHICALLY AND LEGALLY
My recommendation is to never pin an image that is not already posted on the internet. In other words, I do not scan a photographic image from a book or magazine for the purpose of pinning an image. I figure that if the artist wanted the image online they would have already put it on the web, and I do not have permission ethically or legally to scan the image from a publication. 

I also do not pin from an artist's website, but only from commercial sites or design blogs where it can be presumed that the artist/maker/designer is prepared to have their image travel on the internet to unpredictable locations on Pinterest. Why else would they have posted images of their work on such high-traffic locations?

Do NOT repin an image if there is no original source (link) for the image. This is just continuing to repeat a poor-quality pin.

Do NOT repin images if the information is incomplete, or inaccurate.

NEVER PIN AN IMAGE with the expectation to copy or "Make One for Yourself" 

Follow the Pinterest precept BE Nice. It seems to be the only Pin Etiquette that remains consistent despite the whims of fashion.

You can combine your Pinterest with Facebook and Twitter. You can decide to automatically post your Pin on Facebook or Twitter as shown below.

This is a "Settings".
    HOVER on your NAME.
    A drop-down menu appears.
       CLICK on settings.
       SCROLL DOWN
       CLICK ON THE BUTTONs to make your selection.

  

 

THE PRICE BANNER PROBLEM. 

A Dollar sign with numbers in the text box automatically puts a banner across the top left corner (shown above).  I think it looks tacky. The banner goes across your image and puts the price as a prominent feature. Does everything have to be about price?

Including a price in the description text is an option. Use words such as "Retail Price." This is shown below.
 

Descriptions are limited to 500 words. So keep that in mind. 

You don't need to follow a person, but you can FOLLOW one of their Boards. Just CLICK on the FOLLOW BUTTON (as shown below). You can also UNFOLLOW any time.

Find me on Pinterest. I look forward to seeing your pins.

Harriete Estel Berman

This post was updated on March 11, 2022.

Sticker Shock or A Real Bargain - It's All Relative To Framing

An editorial by Ryan Jones in The Crafts Report (November 2011) brought a fascinating TED Talk to my attention. Dan Ariely explains how "framing" different options can influence purchasing decisions.

This post is not new, the concept is not new, and yet it is still relevant many years later. Quoting Ryan Jones, editor of The Crafts Report, "Some people wonder why they should bring along some higher-priced items to a craft fair, especially if it's unlikely they will sell them. But, framing means that your highest-priced items can be a sales tool ...". Listen to the TED Talk by Dan Ariely to learn more about this concept.

I recommend listening to the TED Talk all the way to the end because it explains the logic behind why we artists should always have a big show-stopper piece of artwork in our booths or in an exhibition to sell the smaller items. After the video, take a look at an example of how I am trying to apply this reasoning for my Judaica.

Here is my practical example.
At the time of this post, I had a Seder plate for Tu Bishvat in the exhibition DO NOT DESTROY at the Contemporary Jewish Museum. The price places this work outside the average consumer. My aspiration (or wish come true) is that a museum will buy this work for their permanent collection. 

Two weeks before the museum exhibition opened,  I contacted the museum gift shop about selling some of my Mezuzot. Each mezuzah is priced at $175. That may put some people into sticker shock compared to the usual gift shop item, but it is a real bargain for the labor, preparation, skills, and design in each mezuzah. 

At the same time,  the mezuzot were an affordable example of my work with an environmental message that can be used every day. 

Everything is relative, and there are many factors that may influence the purchaser's decision including the perceived value of the artwork in the exhibition, and the validation provided by being included in the museum exhibition Do Not Destroy.

Keep this strategy in mind for your booth or next show. While the masterpiece of the show may or may not sell, it may be a prime factor in selling the other work.

I sold seven mezuzot during the show.

Harriete

 

 

 

 

 

 

 

 

 

 

(Above photo) Close-up view of the center of the Tu Bishvat seder plate. If you shine a light on the center of the seder plate it reflects a Star of David on the ceiling(shown below.)



Reduce, Reuse, Recycle, Assiyah, Yetzirah, Beriyah
                                                          ©     2011

Artist:Harriete Estel Berman
DIMENSIONS: 6” ht x 24” w x 20" d

If you are interested in viewing the design, and fabrication of this Judaica TuBishvat seder plate, CLICK HERE to view an entire album on Flickr with step-by-step photos for this work in progress.

 

This post was updated on March 10, 2022, to provide current links.

 

This post was updated on February 27, 2023

Sharing Costs or Getting Taken? Possible Benefits versus Risks Sharing Fees for Space and Financial Cooperation Among Artists

 
This post contains a real email - not fake or pretend.  The exact email is copied from my inbox.  I only deleted the name of the gallery.

The email is asking an artist to cover costs to participate in a show.
What do you think? Would you participate?
Read the whole thing. My comments follow below.

Subject: SOFA NY
Email: ***gallery.com
Your comments: Dear Harriete:

I am the owner of an Art Gallery located in [*****(a country in South America)].
Since year 2000, my gallery participates as an exhibitor at SOFA (The International Exhibition of Sculpture, Objects and Functional Art - www.sofaexpo.com ) in New York, Chicago, and since year 2009 in the new SOFA West at Santa Fe, New Mexico.

This year SOFA decided to change the focus of the show, toward the furniture and design.
I am submitting a proposal of showing 10 chairs and 10 mirrors by artists and believe your pieces have affinity with the rest of my inventory, and absolutely fit for SOFA.
 
Would you be interested in an exhibit at SOFA represented by my gallery in case the project will be approved?
 
This call to represent you at SOFA implies in my gallery the idea of sharing costs, since expenses are so high that I am not able to solve them completely by myself, and involves important financial cooperation from the artists, which are considered as partners since they pay some fees for space and I take lower commissions than other galleries in case of selling. 
 
If you are interested in this kind of proposal, let me know and I´ll send Terms and Conditions to participate.

Sincerely, ****
(****name of gallery owner)
(****name of gallery.com)

STOP AND THINK HERE.  How would you respond?

If you want to exhibit at SOFA (or any other art fair) it presents a way to reduce expenses and possibly make some extra sales.  And it sounds so sincere. 

 Would you agree to this offer (assuming that your work is a perfect fit with the theme of the gallery exhibition)?

WHAT ARE THE ISSUES?

 

 Consuming Identity © 2001
  Post-Consumer Recycled tin cans,
  fabric, ribbon, aluminum, steel screws,
  Chair sculpture is not functional.
  Artist: Harriete Estel Berman
  Photo Credit: Philip Cohen

Material Identity © 2001
Post-Consumer Recycled tin cans,
aluminum, steel screws,
Chair sculpture is not functional.
Artist: Harriete Estel Berman
Photo Credit: Philip Cohen

Here are my concerns.

The offer may indeed be sincere, . . . maybe, . . . but the chance of benefit is far outweighed by the numerous risks and red flags. 

The gallery is out of the country, so, for all practical purposes, there is no legal recourse if something goes wrong.

Giving money to an unknown person or entity with no prior working relationship or familiarity is a definite "red flag."

I would have no control over the display, marketing, or selection of other artists even though I contributed money.

This is an investment of my time and money into a relationship that would be very difficult to continue, thus a one-time opportunity, and not likely worth the hassle.

Overall, too many risks.  Or, this could be a scam.  Or if real, too many loose ends. 

Instead, if you want to pursue such offers, I would suggest that you meet the gallery in advance by a year and get to know the gallery owner and related people. Look at the selection of artists, style of work, and presentation. If you are still favorably inclined, you can then arrange for sharing in future years.  At least you would know who you're working with.

What do you think?

Did I miss something?  Should I reconsider? 

Harriete

 Material Identity starts with a chair inspired by the styling principle of Charles Lock Eastlake. His book Hints on Household Taste was a best-selling book in England and America in the years after its first publishing in 1868.

Ironically, Eastlake's treatise expounds on commentary equally relevant today. He said that public taste is corrupt - fashion rules and few are shocked by sham and pretension. Cheap and easy method of workmanship in an endeavor to produce a show of finish with the least possible labor, as well as an unhealthy spirit of competition in regard to price, has continued to cause the value of our ordinary mechanic's work to deteriorate.
The parallels today 100 years later are resounding.


Bermaid is a play on words. First, my name - Berman - is not a very good name for an avowed feminist. Using "maid" instead of "man" indicates the artist is a woman and suggests a pun on "made" as in made by hand.
Dimensions of Chair: 38.25" height x 17.25" width x 14" depth

Photo Credit for all images: Philip Cohen

This post was updated on February 23, 2023

Prepare for Success - Workshop for Your Quest

Looking for your path to success?

What direction do you want your work to go? What insights would you like to gain from someone with 30+ years of experience? Is your work consistent with your marketing? In the past, I taught many workshops, but now I realize that I can't teach the one thing you need more than anything else.

You need to be able and willing to work harder than anyone else. and then work even  harder.

Appropriate for all media, the two-day workshop provided tons of information to supercharge your professional development and gain from my 30 years of experience.  

We learn how to use the power of social networking, blogs, and websites to develop visibility and get your work noticed. Other topics included maintaining proper records for the IRS, managing inventory, how to update your resume, and evaluating and upgrading your photos.

We can cover anything you want in a future workshop, but know that there is no magic. It is dedication and hard work along with smart thinking that takes you where you want to go.   Your questions can guide the topics to be covered., but ask your questions anytime right here in the comments. 

Here are some suggestions for topics:

Professional Development resources

Your 20 second commercial

Guidelines for a critique group

Identify your business model.

Establish Your Professional Goals
   Define Objective
   Define Success
   Are your objectives and definition of success consistent with your definition of success?
   How do you expect to achieve your objectives?
   Define your market.

Pricing and fabrication methods.
   Pricing Structure
   Falcher Fusager’s Pricing Formula (for jewelry)
   Guestimation
   Comparative Pricing
   Include your Overhead
   Cost of goods sold
   Pricing Concepts.

Inventory Record Form
   Inventory Records:  Documentation and Provenance
   Hallmark or sign your work

Digital Image Package
   Label examples
   Image description sheet
   All prints and digital files information.
   CONTACT SHEET SAMPLE

Resume vs. CV
   Resume categories
   CV
   BIO

Artist Statement Recommendations
   Artist Statement Tips
   Artist Statement with description
   Envelope for your package

PUBLICITY EXAMPLE
   PUBLICITY  IMAGE
   SELF PORTRAIT
   WORKING IN THE STUDIO
   PHOTOGRAPH EVENTS

Emails and social networking

Strategies for juried opportunities

Publicity and Marketing 100+ ideas
   Book recommendation
   Pitch letter
   Mailing List strategy
   Thank you
   STATIONARY

Wholesale/Retail
   Minimum order for wholesale
   Return Policy

Delivery of work in person
   Shipping – One of a kind work
   Unpacking & Display instructions
     To Display
     Packing and Shipping
     Maintenance Instructions
     Shipping
     CONDITION REPORT
     SIMPLE PACKING LIST 

Profit or Loss?
     What are your options?
     Do you act like a business?
     Expense record examples.
     3 rules to test deductibility
     Expertise?
     Time & Effort?
     Track record
     Record of sales
     Do you act like a business?  I.R.S.

COPYRIGHT & Fair use

www.you
        Website resources
        Web what you need to do and why
        Blogs - blogosphere
        Basic SEO to implement

Any Questions: Contact me directly
harriete [at] sbcglobal.net

https://harrieteestelberman.com

Lunch Discussion with Garth Clark - Keynote Speaker at SNAG Conference 2012

The annual SNAG Conference  in past years offered many astounding opportunities unavailable for most of us anywhere else!

As part of the SNAG Conference, there was "A Smaller Conference Experience", an informal lunch discussion with keynote speaker Garth Clark. 

The theme, THE HEAT IS RISING, plays right into many hot topics and thought-provoking debates! And Garth Clark is known for provocative positions.

This lunch discussion is part of "A Smaller Conference Experience," a two-part program to facilitate more intimate and meaningful discussion at the SNAG Conferences. This is an opportunity to get to know the Keynote Speaker, Garth Clark, and engage in an in-depth conversation. 

Harriete 

A Smaller Conference Experience lunch discussion is sponsored by the Art Jewelry Forum.

This post was updated on February 19, 2022, to provide current links.

3 Books, 3 Opportunities to Submit Your Work

This post is old... and the opportunities are long gone, but you still  need to still keep looking for new opportunities.  Upcoming books provide superb opportunities for recognition.  Submit your work right away.  Details and entry forms are below.

• Having images of your work published in a book generates free publicity, broad visibility, and long-term credibility.  These benefits are certainly worth investing some time and strategic thinking. Do not wait....you may forget, and early entries often have an advantage.

To improve your submission consider reading these resources:

Top Ten Tips for Getting Into a Juried Exhibition, Show, Book, or Magazine

Juried Submissions: What information do jurors really take into consideration?

Photo Comparisons and Descriptions - Now Optimize Your Submission

Strategic Thinking When Applying to a Juried Opportunity

Photography in Flux- Guidelines for Photos of Your Craft

Modern Judaica - Book images and text

 A recent book Modern Judaica by Jim Cohen was published in 2023. It included nine pages about my work, but it took more than three years for this book to come to fruition. The book included examples of my work from the past 20-plus years. That is why you have to keep working and keep looking. There is no instant success. 

This post was updated February 27, 2023

The value of being in a juried exhibition or book is the free publicity, broad visibility and long term credibility.  These benefits are certainly worth investing some time and perhaps a little money.

Plant a Seed, Nurture Ideas, Time to Prepare for Blooms and Fruit

Before starting the actual construction of a piece for an exhibition, I usually read, study, and research background of the topic or theme.  This prepares me for the intensive hours, days, weeks to months creating exhibition work -- in this example, a special Seder plate about planting, growth, nurturing, and realizing the fruits of our labor.

The theme for a past exhibition was Tu BishVat (a lesser-known Jewish holiday) celebrating the birthday of trees. This had me thinking about fruit trees as a metaphor for artists and makers.

There is a Biblical recommendation that newly planted fruit trees should not be harvested before the 5th year.  Thus Tu Bishvat is sometimes called the birthday for trees since this holiday is used as a demarcation for the passing of each year, a very practical recommendation for the future health and productivity of the tree.

If the tree is nurtured for five years before harvesting the fruit, all of the energy and dedication of the caretaker will be realized in the long-term health of the tree.  When the mature tree produces fruit for harvest, it will be more "fruitful" for many years. 

This is a perfect metaphor for budding artists and how they should nurture their creative output.

Artists and makers should take this to heart... I am really serious about this point.

I am concerned especially for emerging artists (of all ages) who expect their early creative pursuits to bear immediate fruit in both money and critical acclaim. A premature expectation for visibility and sales too often influences what is made and how it is made.  I hope they learn to overcome these common mistakes:

1.) Shallow roots. Demands from the marketplace can distract artists and makers from developing substantive skills and meaningful ideas. Sustained personal development produces the best fruit. 

2.) Grafting onto others. It is easy to take other people's ideas, styles, and techniques.  But copying what's been done before never develops the individual voice within each of us.

3.) Premature Harvest - Spending too much time promoting initial work instead of developing and producing more thoughtful, more meaningful work.  I am all for selling, but spending time trying to promote and sell premature work damages the long-term reputation of emerging artists and drains potential energy from more meaningful development and creativity.

I know my words are pointed.  I don't usually say "should", but in this case, it is warranted.

Trying to harvest fruit too early damages the core of creativity and dilutes the energy of individuals who could benefit from experiencing growth over a period of time.  Learning from experience and consciously seeking to improve quality should take precedence over immediate gratification.  Higher quality work may take a few years, but once established, it can be productively sustained for a longer period.

Harriete Estel Berman

This post was updated on February 27, 2023.

 

Preservation, Conservation - Design for Repair

In this ongoing series about Preservation, Conservation, and Experimentation, I'd like to make a recommendation for all artists and makers  -  design for repair.

I am sure everyone would like to think that damage doesn't happen with good care, but 40 years of experience has taught me that accidents do happen, even to the most valuable of items.

 

 

  Damaged corner of one window. I had to
  completely disassemble the window,
  remake a few parts, repair the pieces
  I couldn't remake, and then put it back
  together.
  

Through the "school of hard knocks," I've also found it far better to anticipate the possibility of damage and not just ignore the possibility.

From the beginning and during your construction, consider how your artwork or craft can be repaired.  I design my work to be disassembled and keep the instructions and assembly methods in my sketchbooks. Not that I want to repair my work, but when damages do happen, it won't be a total loss. I would rather repair my work myself, instead of letting someone else try to figure it out. I am an expert on my own work. No one can repair it as well as I can.

Keep your records for the materials used or possibly spare parts. Your Inventory Records might include the brand of paint, significant colors, patina, or glazes. Anything that you might need to know about a particular piece or group of work.

I charge for the repair. Since I do silver repair and restoration, I charge the same hourly rate.  Insurance companies are glad that someone will repair the work, as compared to compensating the owner for the entire artwork.

The document Claims for Damaged Work in the Professional Guidelines will help you with a successful claim if your work is ever damaged.

To help assure the long-term future of your work, design your art or craft for repair and restoration.

Harriete

This post was updated on February 27, 2023 to provide current links.