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  1. #1
    xPreatorianx is offline Junior Member
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    Copyright VS Terms of service

    Hello there, I have a few questions relating to these two binding contracts/agreements. While I don't officially own a business yet I'm in the process of registering my business and going through all the legal stuff that is required. So what I'm wondering is after I get that business or even before(if it still applies.) does an official copyright override a Terms of Service? I know some sites have a TOS that basically sums up to "if it's on this site no matter what we own it." So I was wondering if my personal copyright or even my personal site's TOS overrides this at all? What kind of protection do I have against sites like that?

    If my site has a TOS that protects my copyright and it's the original location of my work, what happens when I upload this content to another site that has a TOS like I mentioned above? Is there any protection against sites like these besides of course not using them at all? As I would like to use some of these sites but I want to still be able to protect and police my work.

    Here's an example of a TOS from one of these sites :
    Ownership, Reservation of Rights. The Service and all content and materials found within the Service, including but not limited to articles, graphical images, interactive applications, software, audio clips, and video clips, are protected by copyright and are owned by **** or its licensors. You may not modify these materials or re-publish, re-transmit or otherwise distribute directly or via links any of these materials to any third person except for your personal, non-commercial use, as permitted under the license granted to you by **** in these TOS. Some of the content appearing in the Service is news and as such, releases are not obtained from individuals or entities for the use of their names, likenesses or trademarks. It is your sole obligation to (a) determine if your use requires a release or permission, and (b) obtain the necessary release or permission, as appropriate. **** , ****and their respective logos are trademarks of **** and ****. All other trademarks on the Service are the property of their respective holders. **** is not responsible for the accuracy of any content or materials found within the Service.

    The Service and all content and materials found within the Service, including but not limited to articles, graphical images, interactive applications, software, audio clips, and video clips, are protected by copyright and are owned by **** or its licensors.
    (I censored the names of the services for their protection.)

    My home state is VA if that makes any difference? I noticed that in the post when I was typing it.
  2. #2
    john39 is offline Member
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    Quote Originally Posted by xPreatorianx View Post
    I know some sites have a TOS that basically sums up to "if it's on this site no matter what we own it."
    The premise of your argument is false.Even if one reads what you quoted,one can not reasonably conclude that the summary of TOS means ""if it's on this site no matter what we own it".

    Read it again
  3. #3
    justalayman is offline Senior Member
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    if you upload your work to a site and you have agreed to the TOS, you will be granting them the rights you agreed to. There are specific requirements required by law to transfer a copyright. I am not sure that a TOS would be adequate to transfer the actual rights. Hang on for Quincy to post, if he catches this.

    Most sites do not claim copyrights but an irrevocable license.


    204. Execution of transfers of copyright ownership

    (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.

    (b) A certificate of acknowledgment is not required for the validity of a transfer, but is prima facie evidence of the execution of the transfer if

    (1) in the case of a transfer executed in the United States, the certificate is issued by a person authorized to administer oaths within the United States; or

    (2) in the case of a transfer executed in a foreign country, the certificate is issued by a diplomatic or consular officer of the United States, or by a person authorized to administer oaths whose authority is proved by a certificate of such an officer.
  4. #4
    john39 is offline Member
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    the site can only claim ownership to the actual "posting".Nothing else.Copyright protects authorship.
    Last edited by john39; 07-15-2011 at 04:03 PM.
  5. #5
    justalayman is offline Senior Member
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    Quote Originally Posted by john39 View Post
    the site can only claim ownership to the actual "posting".Nothing else.Copyright protects authorship.Not ownership.
    No, copyright does not protect authorship. It protects the rights to control the use of the work. A person may have authored something and also own the physical work yet not retain the copyrights.

    Here, let me amend the statement to reflect john's attitude:

    A copyright does not protect authorship (as john uses the term). It protects rights derived from authoring a work. While those rights are initially granted to the creator, one must realize the there are times that the creator of the work is not the legally recognized author. A work for hire would be such a situation. That is why your use of the term author is not correct john. It is not necessarily synonymous with creator.
    Last edited by justalayman; 07-15-2011 at 04:44 PM.
  6. #6
    john39 is offline Member
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    Quote Originally Posted by justalayman View Post
    No, copyright does not protect authorship. It protects the rights to control the use of the work. A person may have authored something and also own the physical work yet not retain the copyrights.
    whatever man....
  7. #7
    justalayman is offline Senior Member
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    Quote Originally Posted by john39 View Post
    whatever man....
    wow. I must say that is an intelligent response.


    I'm practicing my sarcastic responses. How am I doing so far?
  8. #8
    The Occultist is offline Senior Member
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    Quote Originally Posted by john39 View Post
    whatever man....
    John, you are incorrect. Copyright has nothing to do with authorship. In fact, in the US, it is NOT illegal to falsely claim that you were the creator of a work. Oh, and kindly check the attitude, especially when you're incorrect. Thanks.
  9. #9
    john39 is offline Member
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    Quote Originally Posted by The Occultist View Post
    John, you are incorrect. Copyright has nothing to do with authorship. In fact, in the US, it is NOT illegal to falsely claim that you were the creator of a work. Oh, and kindly check the attitude, especially when you're incorrect. Thanks.
    [url=http://www.copyright.gov/help/faq/faq-protect.html]U.S. Copyright Office - What Does Copyright Protect? (FAQ)[/url]

    let the moderator worry about my attitude
  10. #10
    Zigner is offline Senior Member
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    Quote Originally Posted by john39 View Post
    [url=http://www.copyright.gov/help/faq/faq-protect.html]U.S. Copyright Office - What Does Copyright Protect? (FAQ)[/url]
    You're arguing semantics. It DOES protect authorship - and you're STILL wrong. The problem is that you are using the term "authorship" incorrectly.
  11. #11
    randolph76 is offline Member
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    Quote Originally Posted by john39 View Post
    [url=http://www.copyright.gov/help/faq/faq-protect.html]U.S. Copyright Office - What Does Copyright Protect? (FAQ)[/url]

    let the moderator worry about my attitude
    justalayman is right. It is possible to create a work, transfer the rights to someone else, yet still own the work.
  12. #12
    john39 is offline Member
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    Quote Originally Posted by randolph76 View Post
    justalayman is right. It is possible to create a work, transfer the rights to someone else, yet still own the work.
    that is what I say.the site can "own" the "posting on the site".

    cannot change who created it.

    Can not own the creation.

    can have only rights on it.

    those rights that were transferred.

    when someone posts on a web site,the only rights one surrenders/transfers are ownership to the post he made
  13. #13
    Zigner is offline Senior Member
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    Quote Originally Posted by john39 View Post
    ...the site can "own" the "posting on the site".

    ...
    can have only rights on it.
    ...
    Those two statements are mutually exclusive.
  14. #14
    john39 is offline Member
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    Quote Originally Posted by Zigner View Post
    Those two statements are mutually exclusive.
    good catch

    correction

    the rights the site has are ownership of the posting on the site
  15. #15
    john39 is offline Member
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    I will wait for quincy
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