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MySpace owns your content
by Universal Sea
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x Unread post xUniversal Sea   - at 6:11 pm on Monday May 1 2006 x
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x Universal Sea

"so there i was, wondering what evil thing murdoch was planning to do
with myspace... but it turns out he has already done it. according to
the terms and conditions page, if you post something on myspace (a
track, a video, a picture) they can do whatever they want with it.
release it in a compilation, sell it to an advertising agency to use in
a nike advert. and if by doing so they make scads of cash, they are not
required to give you anything (that's what royalty-free means).

and worse than that, if you post something that you don't have copyright
control over (like, a track with copyrighted samples) and they then
release that track on a compilation (which they can do without asking
you), if they then get sued by the owners of the original samples, YOU
are required to pay all of the royalties which they sue for."

>thanks pix

from http://collect.myspace.com/misc/terms.html?z=1

.. 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. 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.

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x Unread post xJess   - at 7:48 pm on Monday May 1 2006 x
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x Jess HA! I was just waiting for something like this to rear its ugly head.. Not surprised in the slightest.

Suddenly I'm glad I'm not a musician...
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x Unread post xUniversal Sea   - at 7:50 pm on Monday May 1 2006 x
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x Universal Sea simple response is only uploading poor quality versions of audio and pics, that would never be used on a compilation.

in any event I think that could be hotly legally contested.

I'm sure the nine inch nails and other huge acts would snicker with their lawyers if their tracks were used without their permission.
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x Unread post xxJess   - at 7:57 pm on Monday May 1 2006 x
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x Jess It seems odd that they would want to say they own your content... Maybe it's just a way of enforcing censorship. It's easier to shut you down when they don't like what you're saying if they can say they have full rights to it.
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