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Thread: IP question (intellectual property)

  1. #1
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    IP question (intellectual property)

    I was reviewing some terms of service of another forum I haven't been to in a while and wanted to ask some questions about it here to make sure I have a reasonable understanding. I changed names to protect the guilty.

    13. You grant the following licenses with respect to Content you post or submit to the web site, or otherwise make available through the WEBSITE Service.
    a. You hereby expressly grant to COMPANY a royalty-free, perpetual, non-exclusive, world-wide, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, or otherwise distribute and display the Content on, in connection with, or to advertise, promote or archive the web site, and any future features & services for the WEBSITE community, as is necessary for the operation & preservation of WEBSITE & any future features & services for the WEBSITE community, in any form, medium or technology now known or later developed. This license is necessary to allow COMPANY to operate and properly host the web site, as well as develop new features and services for the WEBSITE community as new online technologies arise. It does not give COMPANY the right to use your Content in any way it sees fit, but merely allows COMPANY to include your Content on the web site, to adapt it as necessary in order to display it, and to use your Content in promoting the web site to other users & potential partners (such as in the creation of business brochures & media kits for interested parties such as the press and potential advertisers). The granting of this non-exclusive right is related to the WEBSITE service and any future features & services for the WEBSITE community in development now, or in the future. Other commercial endeavors, such as, but not limited to the publication of books, prints, magazines, DVDs, CD compilations, and non-related works require express permission from the artist or owner of the copyright to use such content in that manner.
    What I take home from this is that anything that I post on the WEBSITE, text, images, audio, video, smell-o-vision files, etc., may be used by the COMPANY in any WEBSITE related portion of their business however they want to. They cannot, though, use "my" posted content for any other business purpose except under separate contract with me, nor is my ability to use "my" content for whatever purpose I want impeded or restricted.

    Is that a reasonable interpretation of this clause?

    Thanks!

  2. #2
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    That's how I understand it, Mark.
    When the going gets weird, the weird turn pro. - Hunter S. Thompson
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  3. #3
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    Yup and probably sue you and make you liable for anything you do post too.
    Darren

    To a small child, the perfect granddad is unafraid of big dogs and fierce storms but absolutely terrified of the word “boo.” – Robert Brault

  4. #4
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    However, as far as I know from an old post similar to this one this is not the same at FWW, is it?
    Best regards,
    Toni

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  5. #5
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    does that mean i'm going to have to copyright any designs that i come up with, and post here?
    benedictione omnes bene

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  6. #6
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    Quote Originally Posted by Toni Ciuraneta View Post
    However, as far as I know from an old post similar to this one this is not the same at FWW, is it?
    Quote Originally Posted by Dan Noren View Post
    does that mean i'm going to have to copyright any designs that i come up with, and post here?
    Dan, Toni is right. As Mark mentioned, that legalese is from another forum. We have a different approach. Here's what our Forum Rules and Code of Conduct says:

    Quote Originally Posted by From the Forum Rules and Code of Conduct
    All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever ("content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such content originated. This means that each forum member, and not the staff of Family Woodworking, is entirely responsible for all content that he or she uploads, posts, e-mails or otherwise transmits via the Family Woodworking site.
    In other words, you own your own content, and Family Woodworking claims no rights to it. (Very unlike the other forum mentioned.)

    It was decided by the group of guys who started this forum that we did not want to claim any ownership of the members' posts or pictures. We didn't feel that a member should relinquish sign his or her IP rights over to us as a requirement for posting here.

    Although you own and are responsible for your own content, it's also mentioned in the rules that we do "reserve the right to remove, edit, move or close any thread for violations of the forum rules as determined by the Moderators". So we reserve the right to moderate the content, but not own it or use it for other purposes.

    Does that help clarify things?
    When the going gets weird, the weird turn pro. - Hunter S. Thompson
    When the weird get going, they start their own forum. - Vaughn McMillan

    workingwoods.com

  7. #7
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    I am curently going through a case right now in regards to IP law and one of my photographs that someone else has been making and selling postcards with my eagle photo. From this I have learned that I own all rights to my photo's, unless there is a written agreement ( waiver) signed by me for the use of my work, weather it is posted or not. This continues for my entire life up and up to 50 yrs following my death. I could apply for a formal copyright for the photo 's but it is redundant as I already have a copyright on all my photo's. Now saying that it all comes down to the cost on what you are willing to pay to enforce this right. If this is a situation with a huge corporate company using your photo for financial gain then it is worth while hiring a lawyer. Smaller outfits it is just not worth it and you have to ask yourself how much it is worth for you to go after an unscupulous individual.
    Daily Thought: SOME PEOPLE ARE LIKE SLINKIES..... NOT REALLY GOOD FOR ANYTHING BUT THEY BRING A SMILE TO YOUR FACE WHEN PUSHED DOWN THE STAIRS...............

  8. #8
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    i think the COC that vaughn mentioned as ours is similiar to another document made several years ago and started with some guys wearing whigs wont be long now and alot us will have the need for whigs too i know i am gettin thin and colder up there
    If in Doubt, Build it Stout!
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  9. #9
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    Quote Originally Posted by Dan Noren View Post
    does that mean i'm going to have to copyright any designs that i come up with, and post here?
    Anything you consider of monetary value should be properly copyrighted for your protection.
    The old saw about anything you create being automatically copyrighted is true but worthless. File the papers and pay the money, then you are protected.

  10. #10
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    Quote Originally Posted by Drew Watson View Post
    I am curently going through a case right now in regards to IP law and one of my photographs that someone else has been making and selling postcards with my eagle photo. From this I have learned that I own all rights to my photo's, unless there is a written agreement ( waiver) signed by me for the use of my work, weather it is posted or not. This continues for my entire life up and up to 50 yrs following my death. I could apply for a formal copyright for the photo 's but it is redundant as I already have a copyright on all my photo's. Now saying that it all comes down to the cost on what you are willing to pay to enforce this right. If this is a situation with a huge corporate company using your photo for financial gain then it is worth while hiring a lawyer. Smaller outfits it is just not worth it and you have to ask yourself how much it is worth for you to go after an unscupulous individual.
    Well, if they can't pay you the millions owed, then perhaps you can make it a win/win and get an agreement with the individual to at least get a credit printed on the card and a pointer to your work for others to purchase from you?
    Darren

    To a small child, the perfect granddad is unafraid of big dogs and fierce storms but absolutely terrified of the word “boo.” – Robert Brault

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