Announcement

Collapse
No announcement yet.

Who has Copyrights of posts, author or vB owner?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • JulieB
    replied
    Originally posted by Marco van Herwaarden View Post
    I think this would depend on the following:
    - Law of country under which the original article was made (mostly the country where the originating server is located or the company that provided the article is located)
    - TOS of the originating site. Does the site allow duplicating of their articles.
    - Law of country where the server is located where the article is duplicated.
    Thank you all for your feedback....Interesting.

    I'm thinking maybe I should be contacting the main sites we use, and go from there.

    Leave a comment:


  • Marco van Herwaarden
    replied
    Originally posted by JulieB View Post
    Sorry for bumping this old thread - but I didn't see any other threads on the topic.

    Does anyone know the copywrite laws for posting news articles in forums? Is it ok to copy and paste the whole news article, as long as you provide the link where it came from?

    Thank you.
    I think this would depend on the following:
    - Law of country under which the original article was made (mostly the country where the originating server is located or the company that provided the article is located)
    - TOS of the originating site. Does the site allow duplicating of their articles.
    - Law of country where the server is located where the article is duplicated.

    Leave a comment:


  • Colin F
    replied
    I'm not sure how it is legally, but personally I feel that it's polite to only post part of an article, and if someone wants to read the entire thing, like back with a [Read on...] link or similiar.

    Leave a comment:


  • JulieB
    replied
    Originally posted by Splinted View Post
    In my opinion, you could also write a TOS before they enter the forum which covers any information posted on your forum even before you have written the TOS. For example,

    "By using this forum you hereby acknowledge and agree to all the following agreements. By using this forum, you grant site own permission to own rights to your publishing, and posting (meaning, by using this forum and submitting any information, you hereby give site owner all rights of your submission and content). By accepting this agreement, you agree all previous submissions made by oneself are owned by site owner."

    I'm not going to pretend I'm a lawyer or anything, but sweetning that up a bit and make it more "flawless" it seems it should cover you. But to make sure they agree, send a notice to all user's before entering the forum as well as a notice of skipping the TOS will not exclude from accepting. Basically, telling them that by using the forum, they give you the ownership of the post..Just my idea anyways..
    Thank you for the feedback.

    I'm not sure if that would work in our situation.

    If we post CNN, or MSNBC, etc...any news-based articles that we get from THEIR site.....We post it in it's entirety - BUT we always include the link to the article. Would that change the language of any type of disclaimer you're suggesting?

    I'm wondering if the disclaimer needs to be targeted moreso to the news sources whose info we're posting.....not to the users who are logging on and posting.

    Someone on another forum swears that you're not allowed to post entire articles, only pieces of them.......and I haven't found any evidence to back this up.

    Leave a comment:


  • Splinted
    replied
    In my opinion, you could also write a TOS before they enter the forum which covers any information posted on your forum even before you have written the TOS. For example,

    "By using this forum you hereby acknowledge and agree to all the following agreements. By using this forum, you grant site own permission to own rights to your publishing, and posting (meaning, by using this forum and submitting any information, you hereby give site owner all rights of your submission and content). By accepting this agreement, you agree all previous submissions made by oneself are owned by site owner."

    I'm not going to pretend I'm a lawyer or anything, but sweetning that up a bit and make it more "flawless" it seems it should cover you. But to make sure they agree, send a notice to all user's before entering the forum as well as a notice of skipping the TOS will not exclude from accepting. Basically, telling them that by using the forum, they give you the ownership of the post..Just my idea anyways..

    Leave a comment:


  • Joe Gronlund
    replied
    Originally posted by JulieB View Post
    Sorry for bumping this old thread - but I didn't see any other threads on the topic.

    Does anyone know the copywrite laws for posting news articles in forums? Is it ok to copy and paste the whole news article, as long as you provide the link where it came from?

    Thank you.
    As long as you post the source with the article, you can post the article..

    Leave a comment:


  • JulieB
    replied
    copywrite laws for posting articles

    Sorry for bumping this old thread - but I didn't see any other threads on the topic.

    Does anyone know the copywrite laws for posting news articles in forums? Is it ok to copy and paste the whole news article, as long as you provide the link where it came from?

    Thank you.

    Leave a comment:


  • Erwin
    replied
    People are confusing copyright of the text in posts, and ownership of the actual posts.

    I buy a book, I own the book, but I don't own the copyright of the text in the book.

    Copyright of what you write will always belong to you if you don't knowingly assign it to another person with your informed consent. A forum owner however has legal liability over the contents of his forum - this usually means ownership of the posts - but not necessarily the copyright - different issues - you can delete the posts in your forum for example as you own them, but you can't copy a poster's post and claim it as your own - the more control the forum owner has over the posts the higher the responsibility. Case law and legislation in the US, UK and Australia support this. This is a whole area of law itself - I did a Master's subject in it - it's obviously more complicated than what I've posted, but overall, that's the principle.

    Disclaimer: The above is not to be taken as legal advice and is not being offered as such. The author takes no responsibility for any action, liabilities or loss that occurs from anyone who uses the contents of this post for any purpose.

    Leave a comment:


  • HSeldon
    replied
    Originally posted by Nupraptor
    For the most part, this is correct. The one exception is...You're copyright does not overrule theirs. They still have the rights to the material, and you are responsible for all actions on your board. If someone posted Child Porn on your board, and you knew about it but failed to remove it, you're legally responsible for it. Even if you didn't know about it, there's a good chance that you will still be held responsible for it.

    But yes... generally speaking, all posts on your board belong to you.
    Hi,

    This is decisive, at least in Germany. I read about some case where this was the exact trigger. Once you know about something illegal, you are responsible. Same would go if somebody brought it to your attention. As long as neither happens, there was a German court decision that you cannot be held to know all the content present on your site at all times. Once responsible, copyright doesnt matter, you are displaying it and succeptible to whatever laws apply to that content.

    [soz for diggin´ this zombie up .. just stumbled across it]

    Leave a comment:


  • okrogius
    replied
    Just add a line to your terms (which convinently someone has to agree to in order to register) saying that you must be 13 or over to register. Makes everything simple and convinient.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Originally posted by TheBear
    And if you live outside the US, but your servers are in the US, you are bound by the DMCA.
    Not to intrude on this thread,

    Dose this work the other way around?, I live in the US, if I had a server in canada would I also be bound by the DMCA (or any other law that applys to sites hosted in the US)?

    The reason I ask is that it is my understanding that I must have COPPA turned on because my server is in the US, Ive always turned it off anyway because the community was really just for a group of friends. Im planning on doing a bigger project soon and getting a new server and would like to keep COPPA off but it will (hopefully) be alot bigger then my last community.

    Leave a comment:


  • Joe Gronlund
    replied
    yaa its a paradox really,, the author of the post technically owns the content of the post. But the server owner, owns the content on the server..

    When it all comes down to it, Server/vB owner would be most correct..

    could argue for hours about this topic though..

    Leave a comment:


  • Zachery
    replied
    talk about draging up old threads >.<

    Leave a comment:


  • jilly
    replied
    Unless you state it, it can be argued that the poster does

    And as stated by prior posters, the board owner IS responsible for anything posted on their board, if it is unlawfully copied from any other source, and you would have to take it down if requested.

    As for ownership, You can put a notice in your copyright policy stating that "by posting on the board, the poster agrees that you have copyright ownership of any material posted". I think most regular topic boards that are informal have the posters 'assuming' that 'they' own the copyright to what they post - if nothing about copyright is specified in your online documentation, then if they wanted to press it, their posts might be considered their own intellectual property under the Digital Millenium Copyright Act. (but i am not sure - you'd have to check with a digital media copyright lawyer to be sure)

    The best way is to state in your copyright/privacy policy who has ownership of material posted.

    Also, you could set your options so that a user has no time limit on the deleting of their own posts, that way if they decide they want to remove their posts, they don't have to hassle you to do it- they can do it themselves. I have the time limit on editing or deleting of posts set at zero, meaning posters can edit or delete their own posts at any time. I just consider this a common courtesy for my particular board.

    On my board, I do have a copyright notice up stating I own all material posted, but this is so if we find people stealing material from the site, I can go after them as an 'entity' and scare them into taking down whatever they have stolen. I've had to do this several times, actually like once a month or more for the last few years! Even though my notice states that "I" own the copyright, I let my posters edit or delete their own posts at any time, and I don't use any quotes or anything else without getting permission from the poster first.

    Leave a comment:


  • jam583
    replied
    Where is a good website I can read about all this legal stuff in business. I have a few general questions. I am finally getting my online business established and I want to read about what I need to do as far as copyrights and the basic steps to form a real online business. Like what I must do to get a legal business name.

    I've bene in busiess for a long time, but I was never the president/ceo of a company. So, it's all kind of new to me and I want to do things right. It used to be someone else would handle it and I worked for them. Not anymore, I'm starting a production company on the side.

    Leave a comment:

widgetinstance 262 (Related Topics) skipped due to lack of content & hide_module_if_empty option.
Working...
X