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Myspace Demand Rights in Website Content
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Written by Administrator
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Friday, 12 May 2006
AOI would like to draw the attention of all users of Myspace website to the terms involving content which is posted on the website. The Terms can be found by clicking "Terms" at the bottom of the Myspace homepage and scrolling down to clause 6. The relevant Proprietary Rights paragraph section 1 is reproduced below.
These terms mean that Myspace may do virtually anything to any content – including illustration – without informing the content owner, or offering any remuneration. The popularity of this site and the huge amount of content available on it means these terms will create a substantial stock library for the sites owner, albeit only whilst that content is online. We suggest Myspace users protest to the organization and demand these terms are removed.
It is worth noting that Myspace have already modified these terms, as at the end of April the following section was still in place:
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.
Extract from Myspace terms:
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.
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