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MySpace proprietary rights

Secret_ChimpSecret_Chimp 915 Posts
edited April 2006 in Strut Central
This was posted on a MySpace bulletin this morning.. Not sure if it's been discussed here already, but it's something we all ought to be aware of.. especially any of you posting audio clips of your music or anything like that.
You can find the content that is quoted below by clicking "terms" on the myspace homepage and scrolling down a bit. I.e. its taken directly from the terms of use, it's not some silly paranoid internet scare tactic.In summation, myspace/fox can use ANYTHING of yours you post to your site [music, videos, photographs, art work, etc.]. This means they can alter it, edit it, sell it, etc. WITHOUT giving you credit, giving you royalties, basically without giving you jack shit. Please be aware of this and use caution when sharing your creative works on myspace. I love being an internet whore like the rest of you and I adore seeing everyone's new work - but I'd hate for it to be violated and taken out from under your control by a media company that's much bigger than you.As directly pulled from the Myspace.com Terms of Use:Proprietary Rights in Content on MySpace.com.By displaying or publishing ("posting") any Content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, "Content") on or through the Services, you hereby grant to MySpace.com, a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Services. This license will terminate at the time you remove such Content from the Services. Notwithstanding the foregoing, a back-up or residual copy of the Content posted by you may remain on the MySpace.com servers after you have removed the Content from the Services, and MySpace.com retains the rights to those copies. You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Services.take heed y'all"

  Comments

  • mannybolonemannybolone Los Angeles, CA 15,025 Posts
    This license will terminate at the time you remove such Content from the Services. Notwithstanding the foregoing, a back-up or residual copy of the Content posted by you may remain on the MySpace.com servers after you have removed the Content from the Services, and MySpace.com retains the rights to those copies.[/b]

    If I'm reading that right...that is mad gangsta - so basically, even if you decide, "hey, maybe I don't want Myspace to jack my beats in progress" and remove them from the site...MySpace.com can STILL use it? So basically, anything that ever gets posted to the site is like giving Myspace carte blanche to potential profit from them?
  • crossingscrossings 946 Posts
    "in myspace, nobody can hear you scream"...
  • Danno3000Danno3000 2,851 Posts
    I don't know about the States, but I'd wager that Canadian courts wouldn't uphold the provision.
  • CousinLarryCousinLarry 4,618 Posts
    I don't know about the States, but I'd wager that Canadian courts wouldn't uphold the provision.

    Yeah, internet disclaimers are really tough to uphold in the US as well.
  • sticky_dojahsticky_dojah New York City. 2,136 Posts
    Myspace with all its handyness comes at a price. Murdock is watching you! It's really a strange feeling everytime I click on it!

  • meshmesh 925 Posts
    only thing i ever post up there are mashups and remixes anyway, and i dont think i am supposed to be putting that shit up.

    good info to have though, thanks for bringing that to our attention.
  • Danno3000Danno3000 2,851 Posts
    I don't know about the States, but I'd wager that Canadian courts wouldn't uphold the provision.

    Yeah, internet disclaimers are really tough to uphold in the US as well.

    It's more than it being an internet disclaimer. It's the fact that's it a standard form contract with an extremely onerous and unsual provision. Such provisions need to be brought to the attention of the person accepting them in way that reflects the degree to which they are unusual and onerous. Given that the provision means you're essentially forfeiting rights to anything that appears on your myspace profile, myspace would surely have to print it in bold and maybe in red letters with a red hand pointing to it, before courts would uphold it.
  • sabadabadasabadabada 5,966 Posts
    i would think that if you really got into a dispute over something that disclaimer would be thrown out as unconscionable.
  • DjArcadianDjArcadian 3,632 Posts
    Myspace with all its handyness comes at a price. Murdock is watching you! It's really a strange feeling everytime I click on it!


    I'm surprised Google didn't jump all over Myspace. They have Friendster and I don't know anyone on Friendster. Myspace= hipster? Friendster = yuppie?
  • sabadabadasabadabada 5,966 Posts
    myspace = loser
    friendster = loser
  • peacefulrotationpeacefulrotation 3,481 Posts
    myspace=weiner
  • keithvanhornkeithvanhorn 3,855 Posts
    the "myspace license" will never become a real issue, their lawyers will not advise them to republish any media from your page because they have no way of knowing whether you infringed on someone else's copyright for your dj mix, song, video, etc.

    the purpose of this clause was most likely so that they can use your pics in their advertisements. i don't see a myspace music complilation ever hitting stores...and definitely not a myspace dj mix.
  • mistercmisterc 329 Posts
    i don't see a myspace music complilation ever hitting stores...

    I actually think I saw one
  • CousinLarryCousinLarry 4,618 Posts
    the "myspace license" will never become a real issue, their lawyers will not advise them to republish any media from your page because they have no way of knowing whether you infringed on someone else's copyright for your dj mix, song, video, etc.

    the purpose of this clause was most likely so that they can use your pics in their advertisements. i don't see a myspace music complilation ever hitting stores...and definitely not a myspace dj mix.

    I think they would probably post your pics on fox news if you went on some shooting rampage.
  • mannybolonemannybolone Los Angeles, CA 15,025 Posts
    i don't see a myspace music complilation ever hitting stores...

    I actually think I saw one

    Yeah - they put one out though I don't remember how well it did.
  • keithvanhornkeithvanhorn 3,855 Posts
    i don't see a myspace music complilation ever hitting stores...

    I actually think I saw one

    Yeah - they put one out though I don't remember how well it did.

    if they did, i'm sure the artists were in on it. that license agreement didn't have any language which covered ownership.
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