Copyright Ownership of Posts

[phill2003]

Originally Posted by Tony G

This isn't more of a copyright issue but a contracual one..

If you had something like that in your T&C, yes those posts are yours but it does not mean by a long shot that they are copyrighted. You'd have to take further steps than that. The only legal right you have is that if those posts are used elsewhere without your permission, then you'd be able to sue for breach of contract. So don't get the two mixed up. There are different processes for both and definitely a lot of ways out being binded by a contract. But the way vBulletin do it - it would work in the legal world.

(Don't hold my word on this though, but I think I've got it right)

The thing i would be more worried about is someone putting something on my site with claiming ownership and then getting into a court case because of it and and the content, This has happened in more countrys than just america as well.

I prefer just to let the people who post keep ownership of the content but for as long as i want it i can keep it.

[Tony G]

Originally Posted by phill2003

The thing i would be more worried about is someone putting something on my site with claiming ownership and then getting into a court case because of it and and the content, This has happened in more countrys than just america as well.

I prefer just to let the people who post keep ownership of the content but for as long as i want it i can keep it.

The only person who can take them to court is you. In a contract, the two parties are the only one who can sue.

I don't know where you get this info about other counties doing it.. but they have different contract law so. But one things for sure - there's no copyright on the posts.

[Erwin]

Originally Posted by Paul M

I think it depends on what you agreed to when you joined. Many sites T&C's include a section saying you transfer ownership of the post contents to the site.

But do you or your site really want to be responsible for what another person says?

[Freesteyelz]

It doesn't matter in the court of law, actually. The site owner can be held accountable for the information that's on their site regardless of any clause or agreement.

[Erwin]

Originally Posted by Freesteyelz

It doesn't matter in the court of law, actually. The site owner can be held accountable for the information that's on their site regardless of any clause or agreement.

The current law in most Western countries seem to be that the more control you have over the posts (i.e. moderation) the higher your responsibility for the content of the posts. However, this is obviously a separate issue to ownership of copyright.

[Chris M]

But on top of that, it has to be proven in cases where the posts contain illegal content that the moderation/administration staff have seen and ignored it and are therefore allowing such content to remain on their site, or have simply not gotten around to reviewing that content

Now I know I'm not a lawyer but "Innocent until proven Guilty" is still a case in the modern day court of law, and therefore if you can prove (which is now easier with database marking in 3.5) that you haven't read that thread at the time of it being reported, then you can be excused from any responsibility

Chris

[Tony G]

Well, yeah that sounds right. You'd need to have malicious intent. I don't know.. maybe an owner is responsible for all content on their site regardless?

[Chris M]

With careful wording and disclaimers and terms and conditions written well that people have to agree to when signing up, you can absolve yourself of total responsibility

Chris

[Royalridge]

Having looked at this recently from an Irish angle it's a very grey area. It can be argued that a forum is a database and Irish copyright law states that the first rights of authorship in a database lie with the person who is compiling the database or has commissioned the database to be compiled.

There's actually a whole section of the law that specifically deals with this.

http://www.irishstatutebook.ie/2000_28.html

Look for Part V Databases

[Erwin]

Originally Posted by Chris M

With careful wording and disclaimers and terms and conditions written well that people have to agree to when signing up, you can absolve yourself of total responsibility

Chris

That's not entirely accurate. Disclaimers can never absolve completely the duties and responsibilities under common law.