Thursday, July 12, 2007
Just a friendly warning about uploading to websites:
Just a friendly warning about uploading to websites:
We all now can upload pictures music and video up to almost every website and blog, but, the problem, most websites don't really grasp copyright law. And while their intentions maybe good, they are asking you to wave your rights.
For example, check out this paragraph from an online agreement with one of these websites:
> C. Member Content
>
>
>
> imeem does not claim any ownership rights in any articles, information, materials, data, files, programs, photographs, concepts, communications, footage,
>
> ideas, opinions, and other materials ("Member Content") you post, store, or exchange through the imeem Site or Software; you continue to retain all ownership
>
> rights in such Member Content. Member Content is the sole responsibility of the person from which such Member Content originated. This means that you,
>
> and not imeem, are entirely responsible for all Member Content that you upload, post, email, transmit or otherwise make available through the Site or
Software,
>
> or on the Network or Web. To the extent that imeem provides you with an opportunity to post, store and exchange Member Content, you agree to and hereby
>
> do grant, and you represent and warrant that you have the right to grant, imeem, its contractors, and the users of the imeem Site an irrevocable, perpetual,
>
> non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display,
>
> and distribute such content and to prepare derivative works of, or incorporate into other works, such Member Content on the imeem Site or Software. This
>
> license does not grant imeem the right to sell Member Content or otherwise distribute it outside of imeem's Site and Software.
>
>
>
> imeem does not claim any ownership rights in any articles, information, materials, data, files, programs, photographs, concepts, communications, footage,
>
> ideas, opinions, and other materials ("Member Content") you post, store, or exchange through the imeem Site or Software; you continue to retain all ownership
>
> rights in such Member Content. Member Content is the sole responsibility of the person from which such Member Content originated. This means that you,
>
> and not imeem, are entirely responsible for all Member Content that you upload, post, email, transmit or otherwise make available through the Site or
Software,
>
> or on the Network or Web. To the extent that imeem provides you with an opportunity to post, store and exchange Member Content, you agree to and hereby
>
> do grant, and you represent and warrant that you have the right to grant, imeem, its contractors, and the users of the imeem Site an irrevocable, perpetual,
>
> non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display,
>
> and distribute such content and to prepare derivative works of, or incorporate into other works, such Member Content on the imeem Site or Software. This
>
> license does not grant imeem the right to sell Member Content or otherwise distribute it outside of imeem's Site and Software.
---
Okay, so they have good intentions, but, look at this from a legal point of view:
with regard to just this paragraph, it seems
that Imeem is attempting to license the materials which its members are posting, storing or exchanging on its site. They specifically state that they
do not have the right to sell it, or to distribute it OUTSIDE OF their site The license says
that imeem has the right to "use, copy, publicly perform, digitally perform, publicly display and distribute" the materials, as well as to "prepare derivative
works of or incoporate into other works" the materials - but ONLY on the imeem site.From my review of this one paragraph, it seems that their
INTENT may be to get a non-exclusive license from their members to post music on their site, and to stream it on their site. However, the problem with
their language is that they say that they can "copy" and "distribute" the materials, and that they can "sublicense" the materials. Even though they say
that it is only for copying and distributing ON THEIR SITE, it still says that the music owner is allowing copying and distribution. The problem: The
copying and distribution is royalty free, such that it appears that Imeem, and their members, can download the materials on the site without the owners
of the materials receiving any royalty - even if Imeem receives payment.
that Imeem is attempting to license the materials which its members are posting, storing or exchanging on its site. They specifically state that they
do not have the right to sell it, or to distribute it OUTSIDE OF their site The license says
that imeem has the right to "use, copy, publicly perform, digitally perform, publicly display and distribute" the materials, as well as to "prepare derivative
works of or incoporate into other works" the materials - but ONLY on the imeem site.From my review of this one paragraph, it seems that their
INTENT may be to get a non-exclusive license from their members to post music on their site, and to stream it on their site. However, the problem with
their language is that they say that they can "copy" and "distribute" the materials, and that they can "sublicense" the materials. Even though they say
that it is only for copying and distributing ON THEIR SITE, it still says that the music owner is allowing copying and distribution. The problem: The
copying and distribution is royalty free, such that it appears that Imeem, and their members, can download the materials on the site without the owners
of the materials receiving any royalty - even if Imeem receives payment.
Just food for thought. My personal solution, only upload tracks/videos that you want to give away as promo and never expected to make money with anyway.
