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Myspace/Fox Artists beware!!

L | 27.04.2006 16:13 | Culture | Technology

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

This has recently been brought to my attention... 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 intermanet 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.

If you think this is as frightening as I do, please repost and warn your fellow artists/friends about this. Direct quote is below.

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.

Comments

Hide the following 8 comments

absolute bollocks

28.04.2006 11:05

You need to think before you type, the above wording only give them rights to "use, copy, modify [...] Content on and through the Services."

'the Services' are "the MySpace.com Website (the "Website"), the MySpace.com instant messenger, and any other features, content, or applications offered from time to time by MySpace.com in connection with the Website."

It doesn't assign them any right to use your content anywhere else - so this is some silly paranoid internet scare.

streetlawyer

not total bollocks

28.04.2006 12:44

"any other features, content, or applications offered from time to time by MySpace.com in connection with the Website"

imagine the following scenario

you post some music on myspace - you get a bit of fame out of it - myspace announce new itunes style download section "the best of myspace" - they sell a million copies of your tune - they don't owe you a penny

also, be aware of the section where you warrant that you have the rights etc to your tune. what if you've used some uncleared samples? - myspace sell loads of copies (as above) - the sample owners notice the sample you've used - they sue you (not myspace!) or they sue myspace and myspace sue you, for unauthorised usage. so myspace still collect the royalties, but you pay the fine.

be aware

rikki

yet more bollocks

28.04.2006 15:33

Your example is incorrect, as the terms do not grant them any right to sell your content. It basically says they can 'broadcast' your stuff without paying you royalties each time.

streetlawyer

i dunno

28.04.2006 19:16

it says it can distribute your material, but nowhere does it mention whether or not they can sell it on in the agreement. can someone with some legal knowledge verify this please?

london activist

Non-exclusive and only until you remove the content from their servers

05.05.2006 12:47

From:

http://collect.myspace.com/misc/terms.html

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.

That last sentence seems to be the significant one.

So basically, they can do a fair bit with your stuff (including sell it, though you still have rights to it as it's non-exclusive), but as soon as you remove it from their servers, they have no rights to it as far as I'm aware. At least, this seems to be the general opinion among other people who I've had this conversation with.

Possible worst case scenario: you write a tune, it rocks, they sell it for loads of money, you remove it from their servers, they owe you loads of royalties for any subsequent sales... perhaps?

I'm not a lawyer though, and legalese makes my head spin.

The Right Honourable Charles Rodway Clarke Official Fan Club
Homepage: http://www.nottingham-defy-id.org.uk/

Why bollox?Is there a reason why MySpace would NOT want to make money out of you

09.05.2006 15:00

"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."

This implies that removing it from their server is not enough...
I have been pretty confused by the amount of people setting up pages with MySpace. Why? Whats so great about it? It certainly does not strike me as "cool and alternative" nor as a non-profit help all the poor artists venture. I would be extremely careful of what you put up there. The terms clearly state, and I do not think you need a lawyer to understand them, that they can do whatever they want with your stuff. I dont think anyone need to panic, just to use a bit of common sense..
J

Jinx

Proprietary Rights Not Obtrusive

01.09.2006 16:39

Good job posting this information, I think it is important that this sort of issue be brought to light. I have to say though, I don't share your zeal for disdaining MySpace. I have had much success with it and I honestly feel that anyone with the slightest inkling of self-preservation is safe there. Just read the text in the agreement and you will see that they mean they have the right to distribute through their networks, they are not going to sell your music to BMG and make mad cash. Second, if you're that worried about your material, you'll be happy to note that, as stated in the 3rd or 4th sentence, you have the option of removing your work, at which time the license granted to MySpace ends. Where's the danger in that? If MySpace were a hawk, just waiting to swoop in on unwitting prey, why would big name, international acts be listing themselves there?

Justin
mail e-mail: justin@aicolorado.com
Homepage: http://www.businessblogconsultant.com/blog

yes but...

17.09.2006 12:28

Whatever the legal implications, NO ONE should be signing up for myspace sites. They are only supporting the Fox monopoly. Avoiding myspace and refusing myspace websites on link pages is the only way to defeat these warmonger supporters.
Part of the way we are going to acheive anything in this world is to say NO.

UK Indymedia