jeromy
Cove Jr. Detective
Posts: 59
|
Post by jeromy on Jul 26, 2007 16:04:08 GMT -5
I posted a blog today that I want to re-post here. I hope this isn't bad protocol, but I trust this community. I'm not a lawyer ... and I can't afford one. Perhaps you are. Maddison Atkins Chapter 2 is trucking along. I'm having a great time. In the past, I have let Maddison Atkins live among the world of Lonelygirl15 (initially as an effort to be canonized by the Creators, but now because that's where my fans are). The most popular forums are on their web page, and in the past I would post Maddison videos as responses on the LG15 mainpage. There's a new site design there at the LG15 and withit, a new Terms of Service (Labeled Terms of Use) Here's a link: www.lg15.com/info/terms.phpAm I safe to keep posting there, or do I hand over my rights to LG15 for free by keeping Maddison there? Your help is LOVED! Jeromy PS Maddison is not a commercial endeavor, but it could become one . . . ya know. My intent is for it to become one. Link to blog (http://www.12thstreethouse.com/12thstreethousedir/blog/12thstreetblog.html)
|
|
|
Post by milowent on Jul 26, 2007 16:28:52 GMT -5
.... ETA: I'm not sure about this but the section on Proprietary Rights reads to me as if you post something to lg15.com they can then turn around and sell it to someone else and they don't owe you a thing. Jeromy and others may want to read of this carefully. ---- PROPRIETARY RIGHTS IN CONTENT POSTED ON THE SITE General. You agree that any Content whatsoever posted by you to the public areas of the Site (excluding blogs) you hereby grant to LG15 the non-exclusive, fully paid and royalty-free, perpetual, irrevocable universal license to use, copy, sublicense, adapt, transmit, translate, distribute, publicly perform, publicly display, modify, and translate such Content as LG15 sees fit. You represent and warrant that: (i) you own the Content posted by you on the Site, (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, intellectual property rights, or any other rights of any person or entity, and (iii) the posting of your Content on the Site does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person or entity by reason of any Content you post on the Site. Blogs. [ milo adds: does this include vlogs and video responses? Greg should have defined the term here.] By posting any Content to the blog areas of the Site, you hereby grant to LG15 the non-exclusive, fully paid and royalty-free, perpetual, irrevocable worldwide license to use, copy, sublicense, adapt, transmit, translate, distribute, publicly perform, publicly display, modify, and translate such Content. This license will terminate at the time you remove such Content from the Site. Notwithstanding the foregoing, a back-up or residual copy of the Content posted by you to the blog areas of the Site may remain on LG15 servers after you have removed such Content from the Site. You represent and warrant that: (i) you own the Content posted by you to the blog areas of the Site or otherwise have the right to grant the license set forth in this section, (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, intellectual property rights, or any other rights of any person or entity, and (iii) the posting of your Content to the blog areas of the Site does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person or entity by reason of any Content you post to the blog areas of the Site. --- first blush: the license described in this "blogs" section, assuming this covers Maddy videos (someone let me know if there's any other applicable section, i didn't read the whole TOS agreement), is not exclusive. it sounds like give a license to LG15 to redistribute your "blogs", but even that terminates if you remove them from the site. so, does this mean the creators could take all the maddy videos and make a maddy DVD? that would be foolhardy in practice because once you got wind of it, you would remove the content from the site and extinguish their license to do that. if videos are not "blogs" then they fall under "general" - and content which falls under general purports to convey a license that would not terminate if the material was later removed.
|
|
|
Post by Tempestarii on Jul 26, 2007 17:15:15 GMT -5
Utterly unhelpful addition:
I would keep checking back to the TOS for updates in case certain grey areas are defined in future and it goes unnoticed as these things generally do. Perhaps to be safer also a screenshot of the current TOS. Being prepared that way one can ascertain the way the TOS was when you added your content.
|
|
|
Post by brokenkid on Jul 26, 2007 17:58:50 GMT -5
Hmm...I'm not a lawyer either (but Greg is, and he said I was smarter than him!), but I would think that since your video remains hosted on YouTube and LG15 only draws your YT video to show on the main page, you wouldn't be giving them rights to it. After all, they're not hosting your work or distributing it... Just my impression.
|
|
|
Post by Terryfic on Jul 26, 2007 18:05:08 GMT -5
Two sneaky things I noticed about the TOS is that it terminates when you remove the blogs from the site, but I do not remember having anyway to actually remove video responses. Also they can change the TOS without warning or notice, so if they wanted to screw you they could always just change the TOS after you have posted the videos. I'm pretty sure in either case they would lose any court case as any contract is invalid if it is ridiculously biased towards one party - recently there was a precedent set in the world of MMORPGs where TOS that allowed the company to end someones subscription for any reason they feel like is not enforceable.
|
|
|
Post by curiousgeorge on Jul 26, 2007 18:30:54 GMT -5
Although I am probably one of M&G's harshest critics, I have no reason to believe that they are unethical.
I do think that Greg would hold content providers to the letter of the TOS if he felt threatened by a production that was seen as upstaging his own...
|
|
|
Post by Tempestarii on Jul 26, 2007 18:54:40 GMT -5
Broken: Exactly why I mentioned checking back often and screencaps of current ones *Nod* People may not appear shady but within the bounds of the law you can get away with anything.
|
|
|
Post by milowent on Jul 26, 2007 22:33:08 GMT -5
|
|
slainte
Very Very Sr. Cove Sleuther
Bad Boy Of The Breeniverse
Posts: 476
|
Post by slainte on Jul 27, 2007 8:06:27 GMT -5
Well I'm not a lawyer but I did spend the night at a Quality Inn. My opinion is "it is always easier to get forgiveness than it is to get permission"....lay onn McDuff, do as you please and let the bastards do as they wish. You can't let "the man" beat down your art.
If things get tricky accidents can always be arranged, if you get my meaning. I know a guy who knows a guy who takes care of things as a favor for his friends. A favor that you may sometime have to repay of course but whaddya gonna do?
|
|
jeromy
Cove Jr. Detective
Posts: 59
|
Post by jeromy on Jul 27, 2007 11:05:40 GMT -5
Thanks everyone. I think it's no big deal, but I wanted to hear from everyone on it.
J
|
|
|
Post by jayhenry on Jul 27, 2007 11:15:32 GMT -5
|
|
slainte
Very Very Sr. Cove Sleuther
Bad Boy Of The Breeniverse
Posts: 476
|
Post by slainte on Jul 27, 2007 12:05:51 GMT -5
JH your rest from LGpedia has certainly enhanced your already nimble sense of humor!!! F'ing hilarious You may be extending WAY to much credit to those who are capable of passing the bar. a) it depends on what state the exam was taken b) it depends a lot on well you "test" and how many times you take the damn thing. c) it does not always gaurantee you are dealing with an exceptionally intelligent person. d) Just count the inordinate number of lawyers in Congress d) and keep this one is important...Some lawyers actually end up writing blogs about incredibly inane internet series' and cultivating their talent for uncovering incredibly obscure musical gems on the internet I mean like I aint sayin nouthin but you know what I'm sayin'and as for passing the MCATS and going to Med school... Most MD.s are morons, witch doctors and/or unbearable egomaniacs who got into the business for the cash, the easy access to exotic drugs and the unbelievable number of good looking women who would otherwise not even look at a guy majoring in biology, chemistry and the like. [Rock stars are the same way...they started playing guitar to meet girls and get good drugs] - keep in mind the body is only a machine and med school is basically an advanced trade school in mechanics. ========================================= BTW: I have been practicing nuclear medicine and neurological surgery and genetics while maintaining a law firm that specializes in malpractice, wrongful death in amusement parks, Canadian immigration to the United States, defense of low comedy and burlesque, common law governing the settlement of planets, and planetary sattelites for over 50 years now. So I know what I am talking about!
|
|