Copyright issues pertaining to posted material

[bigsnowdog]

I have a forums site that covers automotive content.

I have stated in my terms of service that I have the right to use posted content, and that the person posting waives all copyrights. I have come to learn that there are some knowledgeable, possible contributors who are not participating because they are working on books and do not want to risk the loss of copyrights by posting on a site where they waive their rights.

Have any of you had any experience with this sort of thing? I would like to, if I can, make some, occasional use of content in a printed the best of kind of piece, but I also don't want to scare anyone away who would enhance the site's value to users.

Where could I find any information regarding copyright issues that pertain to text posted on message boards and forums?

Thanks....

[kamu]

Why do you want to go through the trouble of copyrighting everybody else's writing?


Try
http://www.loc.gov/copyright/

[Smoothie]

yes I have, and no its not worth it. No matter what you state on your site, the original material is copyrighted to that person who created it. If you don't believe me, wait unitl one of them requests you to remove it and you don't. If they complain to your host and you don't comply, your host will shut you off.

[bigsnowdog]

Kamu, I don't...

Smoothie, OK, that makes sense, and certainly I would remove anything they wanted removed.

An attorney tells me that my present terms that state that the poster waives rights to the material upon posting does in fact achieve that loss of rights. I don't want that poster to lose them, if they do, as several have stated, want to write a book.

As a matter secondary to the few possible book and article authors having their particular work protected, I also want to successfully navigate this so that I can produce printed digests of the best material from the forum, say on an annual or multiple year basis.

Given what you are telling me, perhaps if I state in my terms that the poster grants me right to use their material in such a fashion [providing that I indicate them as the posting individual].... would be sufficient.

[Sebastian]

i have seen sites such as http://www.3dnewz.com
which takes complete articles from other sites and post it on their site.. that is wrong and stealing.

some people spend hours writing articles for some lazy person to come and copy & paste and basically call it their own?

Its like making a Book, publishing it, and having someone else re-publish the same book under a different cover.

i take pride in writing my articles, if i see it re-published elsewhere on the interent without my knowledge i sure as hell will file a complaint.

Thank god for copyright laws ..

that's my two cents.

[bigsnowdog]

Today at 06:55 AM Sebastian said this in Post #5
some people spend hours writing articles for some lazy person to come and copy & paste and basically call it their own?

You are not understanding my situation.

I have an automotive site where hobbyists gather. One asks a question, another comments, another answers something else, it becomes a collection of comments and explanations. There are no articles, as you put it. I am not copying something and calling it my own. Any reproduction of the text would credit the writer.

People like reading summaries of condensed content, picking the best posts from various topics. None of those people regard themselves as published authors with valuable materials at stake.

The lone exception, which I am trying to protect, I might add, is the serious, published author who wants to protect the possibility of using some text they generated, even if it is unlikely, since they will (may?) be writing a next book. I want them to be protected, as they desire.

I also want to be able to, if possible, assemble (in digest form) the best content, to provide to people who like it in review, who want it in hard copy, and also for those who simply don't have time to wade through lots of threads in search of what they are seeking.

[Chris M]

Just make a page stating the rules about posting things in certain or all forums, and that by posting you adhere to the terms that you state, such as the use of your material for the specific purpose that you specifiedabove, along with a creditation for the author who wrote it originally...

It is up to them if they wish to read the legalities of your site, but as long as you post a date and time at which the rule was made, and make a link in the footer template, and probably include some link in newthread / newreply which says "Have you read the posting rules?" and shows up in the forums you want, then you should be fine

Satan

[Smoothie]

An attorney tells me that my present terms that state that the poster waives rights to the material upon posting does in fact achieve that loss of rights.

That may be tru, or not, but where is the proof they actually agreed to anything? You have something signed?

[DrkFusion]

Well when they press the I Agree button on signup, they are electronically signing agreement, or else they couldn't of possibly registered

[Erwin]

Yes, if it's part of the contract that members lose their copyright rights if they join your site, and you make it clear on the signup page, and they do sign up, then you do own the posts. (This is not the case if you do not explicitly make this the TOS). However, like some members have said, this will dissuade a few people from joining up, if they know you own their written work, and can republish it.