| Author | Message | ||
     Mikej |
Looking for comments or opinions of this TOU agreement that is currently undergoing revision or was recently revised:
These things we see as a step in signing up for various web sites, and also when you install software. The above is from a discussion site (non-motorcycle), and I had no idea the TOU was being revised until I saw mention of the revision buried in a thread discussion. I know a few folks have made mention of copywriting their images and materials, some retroactively, and some folks on here do post a bit of dialog that may or may not eventually see some sort of publication. I guess I'm also just a little curious if someone posts to a web site, then later on wants to submit a body of work to some periodical or publication for sale, what sort of hassles does one potentially run into. And can you plagerize yourself if you post something to one site, then are hired to write or photograph something along the same lines elsewhere? Just curious. My potential of ever getting published is apparently slim to none so this can be considered as purely academic at this point. Still curious though. (And I might have to go back and read/re-read a few TOU on some sites I visit off and on.) | ||
| Xl1200r |
I don't think you can sue yourself for plagerism, lol, but who knows these days... About the only issue I could see was if someone falsely claimed to be the author in the forum after a publication was made. As far as photos go, every single work of art ever created is copyrighted to the author up until 99 years after their death. This includes ALL photos, songs, paintings, films, etc - they don't need to have a watermark or anything, though it makes it easier to proove ownership. After the 99 years, they are free game to anyone who wants to use them. The thing is, most people won't care if you use thier pictures, and even if they do, they'd have to find you to know about it. Your art is your art, and you can do with it what you like. | ||
| Davegess |
First thing is that they are making it easy for them to use your stuff for pretty much whatever they want. They say they will ask permission BUT they don't say they will honor it if you DENY permission. They say things in the explanation that are not in the actual legal mumbo jumbo. So if you post stuff to that site they can sell it and not pay you. Second, it is clear that you retain copyright so you could sell it as long as someone want to buy it and doesn't nave it for free from that site. Third, technically that, like many of the things you agree to every day, are not legally enforceable contracts BUT you likely do not have the resources to challenge them. For a contract to be enforceable it needs to be entered into by both parties freely and without coercion. In this case they can say with a pretty good basis that you don't need to use the site if you don't like the terms. BUT since you are not given the chance to negotiate how freely did you enter into the agreement? Where this becomes nasty is all the things we do everyday, like the small print on the back of computer software. Do you really have any choice about accepting the terms of use on an operating system when you buy a computer that you need for work? No you really don't but you also don't have the resources to defend yourself from Microsoft. | ||
| Court |
>>>>it needs to be entered into by both parties freely and without coercion. The other thing that needs to be added (I'll be speaking on the 3 essential elements of contracts and how they apply to parole (verbal) contracts at 6:10PM this evening if you need to know more) is consideration. There must be:
From there is gets good. . . . acceptance ban be tons of things . . . even in some cases simply not rejecting the offer "in the event no response is received . . " and if you accept but change ANY terms . . well, it's not acceptance, but a counteroffer and you've hit the acceptance ball into the opposite court. Similarly consideration can be NOT doing something . . . like "if you do not do something we agree to forego suing you". . . the forebearance is the consideration. And you guys thought Dave and I just flew around on the Elf-Jet.  | ||
| Mikej |
Thanks for the input. This is apparently something relevant to the issue somehow:
I might Google™ it up later today. | ||
| Hexangler |
This doesn't seem right or fair. I can understand if something is created because of discussion on this forum that you may have rights to it, but if somebody just brings their personal art here to show and tell, BadWeB does not have any rights to it. Hex | ||
| Mikej |
Hex, the above TOU is from a different web site, not from here. In fact, I'm not even sure what this site's TOU is, I should probably look into that. = = = = = BWB rules & TOU Doesn't really get into licensing of images or content that I can see, more of a behavioral policy than an ownership of posted material policy. Regardless, I've changed the way I do certain things, and refrain from doing some stuff that I may or may not have done in the past. The wild west of the internet is becoming more tame in some ways, and less tolerant in other ways. If it were warm out I'd go for a bike ride now. (Message edited by mikej on February 28, 2008) | ||
| Hexangler |
I now see why Rocketman is not welcome (I do dearly miss him). But some of the custodians ought to play by our TOU's as well. I like the no profanity clause (does this include all forms of the shocker? is this family oriented material?) Also best part = "be excellent to each other". Hex (Message edited by hexangler on February 28, 2008) |
