May 12, 2006
Have you read the MySpace Terms & Conditions?
Someone just pointed out to me some of the terms and conditions that users of MySpace agree to.
6. Proprietary Rights in Content on MySpace.com.
1. 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. 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.
As a librarian that has spent time in a corporate library so I was previously immersed constantly in patent and copyright law, and someone that strongly believes in negotiating your rights to your intellectual property before publishing or selling, I was shocked by these terms. First, it does protect users from others users copying, selling, or otherwise distributing their artwork, writing, pictures, music, etc. BUT, MySpace can profit from your creations in any way it see fit.Ask yourself - how comfortable are you with MySpace having the ability to use an entry from your blog, taking one of your pictures, or sharing your music in an advertisement on its front page or in other marketing methods?
Would an artist or writer have less power to negotiate with a publisher or producer if their materials were already up on MySpace? Even though MySpace's rights are non-exclusive, can this hurt you in developing other alternatives? It may if the producer does not care for MySpace.
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Comments
Posted on July 25, 2007 12:02 AM
The new terms and conditions read:
MySpace.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the MySpace Services. After posting your Content to the MySpace Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the MySpace Services, you hereby grant to MySpace.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the MySpace Services.
Without this license, MySpace.com would be unable to provide the MySpace Services. For example, without the right to modify Member Content, MySpace.com would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, MySpace.com could not allow Users to listen to music posted by Members. The license you grant to MySpace.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to MySpace.com), fully-paid and royalty-free (meaning that MySpace.com is not required to pay you for the use on the MySpace Services of the Content that you post), sublicensable (so that MySpace.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the MySpace Services), and worldwide (because the Internet and the MySpace Services are global in reach). This license will terminate at the time you remove your Content from the MySpace Services. The license does not grant MySpace.com the right to sell your Content, nor does the license grant MySpace.com the right to distribute your Content outside of the MySpace Services.
(Originally posted on Sat 04 Nov 2006 07:14 AM EST)
Posted on September 17, 2007 02:41 AM
Interesting thoughts but I don't worry too much about it.
I believe MySpace has no interest in abusing their rights because people would quickly leave and find another platform. (hopefully with a modern layout and better code too).