Warning for those of you who post music/art to myspace. Rupert murdoch ownes it.

Warning for those of you who post music/art to myspace. Rupert murdoch ownes it.

I thought this was a little scarry

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 ****. Please be aware of this and use caution when sharing your creative works on myspace. I love being an intermanet ***** 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.

http://www.rinf.com/columnists/news/myspacefox-artists-beware

fron their EULA
From the Myspace terms of service:

"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..."

Additionally

"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."

It's theirs even after you remove it.

Wow...thats kinda extreme...I wonder if they've ever taken advantage of that...

What about signed bands that post their songs on MySpace? The label has a contract to licence it before it was put up on MySpace, so how would that work in legal circles?

sorry for the double post. I was reading the EULA when i hit the wrong button. While the wording seems to haqve changes since this article a few months ago it still says almost the same thing. I still think its a little scary

Thus why you always read EULA agreements before clicking Accept. Thats obvious though, and generally industry standard when you use a service like this. All it basically is for is if they decide to use your personal page, an idea, or something like that for advertising purposes or something along those lines, you cant sue them over it.

Example, I work for Amgen, the world's largest biotechnology company. Any of the ideas or products developed by an individual scientist becomes intellectual property of Amgen.

doesnt seem anything that bad really, nothing like aol anyways.

Proprietary Rights in Content on MySpace.com.
MySpace.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the MySpace Services. After posting your Content to the MySpace Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the MySpace Services, you hereby grant to MySpace.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the MySpace Services.
Without this license, MySpace.com would be unable to provide the MySpace Services. For example, without the right to modify Member Content, MySpace.com would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, MySpace.com could not allow Users to listen to music posted by Members. The license you grant to MySpace.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to MySpace.com), fully-paid and royalty-free (meaning that MySpace.com is not required to pay you for the use on the MySpace Services of the Content that you post), sublicensable (so that MySpace.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the MySpace Services), and worldwide (because the Internet and the MySpace Services are global in reach). This license will terminate at the time you remove your Content from the MySpace Services. The license does not grant MySpace.com the right to sell your Content, nor does the license grant MySpace.com the right to distribute your Content outside of the MySpace Services.

You represent and warrant that: (i) you own the Content posted by you on or through the MySpace 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 MySpace 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 MySpace Services.
The MySpace Services contain Content of MySpace.com ("MySpace.com Content"). MySpace.com Content is protected by copyright, trademark, patent, trade secret and other laws, and MySpace.com owns and retains all rights in the MySpace.com Content and the MySpace Services. MySpace.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the MySpace.com Content (excluding any software code) solely for your personal use in connection with viewing the MySpace Website and using the MySpace Services.
The MySpace Services contain Content of Users and other MySpace.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the MySpace Services.

I would have to agree with Evnas on this one. Always read before clicking on the accept button. I would also like to add that you should make sure that you read the actual document and not something that you found on a blog assuming that it is what it claims to be. With that being said, let's just see what myspace has to say on the matter:

MySpace.com said:

MySpace.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the MySpace Services. After posting your Content to the MySpace Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the MySpace Services, you hereby grant to MySpace.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the MySpace Services.

Without this license, MySpace.com would be unable to provide the MySpace Services. For example, without the right to modify Member Content, MySpace.com would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, MySpace.com could not allow Users to listen to music posted by Members. The license you grant to MySpace.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to MySpace.com), fully-paid and royalty-free (meaning that MySpace.com is not required to pay you for the use on the MySpace Services of the Content that you post), sublicensable (so that MySpace.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the MySpace Services), and worldwide (because the Internet and the MySpace Services are global in reach). This license will terminate at the time you remove your Content from the MySpace Services. The license does not grant MySpace.com the right to sell your Content, nor does the license grant MySpace.com the right to distribute your Content outside of the MySpace Services.

Click to expand...

http://www.myspace.com/Modules/Common/Pages/TermsConditions.aspx

the datestamp of the rinf.com article is april 27th 2006, the datestamp of the myspace terms and conditions is june 15th 2006.

Hmmm...do you think the (heavily modified) EULA was a result of a backlash against the original one? I see no other reason for MySpace to explain the reasonings behind the first paragraph of the section of their EULA quoted above. I've never seen a company "explain" their EULA, its either you accept it or you dont.

Malpine Walis said:

I would have to agree with Evnas on this one. Always read before clicking on the accept button. I would also like to add that you should make sure that you read the actual document and not something that you found on a blog assuming that it is what it claims to be. With that being said, let's just see what myspace has to say on the matter:



http://www.myspace.com/Modules/Common/Pages/TermsConditions.aspx

Click to expand...

Malpine,
I agree with you and I was actually in the process of looking into the EULA as it stands when i hit the wrong button and submitted the thread before i was actually ready. From what I can determine It looks like the eula has changed a few times. I looks like the May 1st change removed the "backup clause" and then it was changed again on May 3rd. I've been trying to locate "original copies" of the older EULA's but its proving difficult. One thing I am glad to see is that the EULA was changed from something that was not very user oriented to something a little more fair. It looks like MYSPACE was something that was put together to help people. Once it was sold it became something to help people AND make money. Those two objectives are usually in contention with each other.

This sort of site EULA is a big concern. Having read the license closer it looks something like what we should have here (Note: I don't remember reading much in the way of ToS when I joined; it may have changed since) that gives them legal authority to moderate their site.

FYI, anything you say over AIM is also property of AOL...for what it's worth.

(This is why using AIM or any other instant messenger is a Big Friggin' Deal while you're at work -- if you're discussing company-sensitive information on AIM, they own it, not you and your company.)

Am I surprised? No. Do I wish that things were different? Yes. Do I think that privacy laws will eventually evolve to protect AIM just as much as telephones are protected while the conversations are in transit? Yes.

Well, no matter how it is to be read, it still smells like trouble to me.
I am now in the process if erasing/removing ALL the Pics I have
left with various blogs I visit on occasion. (not OCF, of course )
It is a shame that you could no longer be considered the owner of
your own Artworks/music/Ideas once posted.