An idle thought since I am too lazy to pull up the Terms of Service because I am having too much fun reading all the threads of interest…
Anyway, if I post something here does the SDMB/Chicago Reader/Sun-Times Media, LLC/et al (etc.) own what I write?
Suppose I want to publish all my lame posts and silly observations while not quoting anybody but myself.
Just curious.
ETA:
“Except for content you have posted on straightdope.com, … blah blah blah …”
Terms of Service
That’s for the Straight Dope website. The applicable terms are from the Registration Agreement for the Straight Dope Message Board:
[QUOTE=Cabin Fever]
Anyway, if I post something here does the SDMB/Chicago Reader/Sun-Times Media, LLC/et al (etc.) own what I write?
[/QUOTE]
Yes, but it’s a non-exclusive right. You also retain ownership.
[QUOTE=Cabin Fever]
Suppose I want to publish all my lame posts and silly observations while not quoting anybody but myself.
[/QUOTE]
You are perfectly free to re-publish your own posts, but not those of other posters.
I’ve always had trouble with that wording, too. The first part reads as if you transfer your copyright to the STM, but that the company then grants you a license to reuse your own posts. But the second part reads as if you merely agree to grant the STM a non-exclusive license, which means you do not transfer copyright.
I’ve never really gotten too big on it, since I’ve never posted anything here that I would want to reuse. But it’s unclear to me who has copyright/ownership and who has the non-exclusive license. Only one party can sue for copyright infringement–which one is it?
Just for clarification–our entries in the Flash Fiction and Poetry contests were technically posted by other posters (Le Ministre de l’au dela, in the case of the Flash Fiction contests), but they were ours originally. Could we use those entries elsewhere, even though they were posted by the organizer of the contest?
That is the understanding I have from the first few paragraphs, but then it (the TOS) devolved into such legal-speak that I wasn’t sure.
I don’t want to publish what I post here. It was hypothetical on my part.
Besides, that is what hyper-links are for.
Thanks for the clarification.
nm
Who has the right to give permission to someone else to re-publish one’s posts?
Suppose I want to re-publish a compendium of all posts on the subject of Travel Suggestions In The Bay Area.
Does STM have the prerogative or authority to grant me the privilege to re-publish other posters’ posts?
Do the various posters themselves have the prerogative or authority to grant me the privilege to re-publish their respective posts?
I would assume since Le Ministre de l’au dela does credit the original author, they would retain their right to republish. Similarly, if you quoted the works of another author here, they would still retain their rights.
Interesting question, though, since those are some of the few SDMB things that might actually be worth trying to publish.
Just to expound on this further:
I retain the rights to my own posts. OK.
However, TPTB retains exclusive rights to use any posts here as they see fit.
Got that point and I have no problem with it.
(As if what I post here is earth-shaking news).
If I get permission to quote another members post with permission from said member. would that be violating the TOS?
Attribute to poster AND the SDMB?
This is mostly a mind-exercise.
I got to wondering because I basically copied/pasted one of my posts to FB (with a few edits) and got to thinking about how all this works.
It has been years since I actually read a TOS and since IAmNotALawyer, I almost fell asleep after the first paragraph.
IANAIPL but The first line as written seems to be illegal. SD cannot copyright another’s work, the creator creates the copyright by the act of making the property tangible (such as writing a post) 17 USC 2 Sec. 201(a). The second line seems to be a description of SDMB as a collective work but the individual still has copyright of their posts and STM only has the right to reproduce the work 17 USC 2 Sec. 201(c).
Now the issue has been raised that maybe the first line is actually a transfer of copyright. I don’t believe so because it never says that the copyright is transferred plus
[QUOTE=17 USC 2 Sec. 204(a)]
A transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or such owner’s duly authorized agent.
[/QUOTE]
The TOS acceptance counts as a signed writing.
Saint Cad - see Electronic signature
I would have to see a cite that accepting a TOS meets the legal definition of an electronic signature. My understanding is that one requirement is that I have to put down my name and that is not the same as clicking “I accept”.
It’s fairly well-established law. It’s called “clickwrap.”