Homestead site - "intellectual property rights" 
Author Message
 Homestead site - "intellectual property rights"

I posted a question about about the contract for the free Homestead vrml
sites.  It seemed suspicious to me, so I also acted the Homestead people
about it. Their answer follows, and it seems reasonable to me:

-----------------------------
Thanks for contacting Homestead with your question. Section 8.4
states:

Solely for the purposes of displaying your Homestead on the Internet
and for Homestead's advertising and promotional purposes, you hereby
grant to us the right to exercise all intellectual property rights, in
any media now known or not currently known, with respect to any
content you place on your Homestead.

This means that you give Homestead the right to use your content for
promotional purposes. For example, if PC Magazine runs an article
about Homestead and features a screen shot of one of our members'
sites, that member cannot charge us royalties.

Granting us these rights does not in any way take away your rights as
the author/artist/etc to sell or otherwise promote your work, through
your Homestead or by other means.



Tue, 04 Dec 2001 03:00:00 GMT  
 Homestead site - "intellectual property rights"

on Fri, 18 Jun 1999 15:36:44 -0700,

(Snipped to the pertinent passage:)

Quote:
>Solely for the purposes of displaying your Homestead on the Internet
>and for Homestead's advertising and promotional purposes, you hereby
>grant to us the right to exercise all intellectual property rights, in
>any media now known or not currently known, with respect to any
>content you place on your Homestead.

Just going from the language published, it looks like an open-ended
full-rights agreement. This sounds almost exactly like the old
controversial CompuServe agreement, where they claimed full rights to
everything posted on their service. Never bothered me, as it seemed
that abuse or even re-use was rare: occasionally you'd hear about them
using someone's uncredited graphics in their magazine or ads, but that
usually seemed to me like dumb error on some ad-composer's part rather
than genuine malicious misuse. However, a lot of people felt they had
to add disclaimers to their every message or file, specifically
denying CompuServe the right to republish the material elsewhere than
the author had originally posted it on the service. I doubt there was
ever a legal confrontation on the matter, but some few people quit
posting to, our outright quit CompuServe over the matter. The legal
agreement went through a couple of revisions in the years I was on the
service, but I don't think it improved much, in the opinion of the
concerned.

I can imagine networks, as a peculiar kind of blending of telephone
and magazine as it were, are a copyright law jungle, with lawyers both
fretting over and profiting from the entanglements. I can appreciate
the position of republishers like CompuServe or Homestead, but as a
person on the "artist-creator" end, such agreements do seem to me to
be more than is absolutely required. In a better agreement, I would
prefer an agreement that any re-use of an individual's material in a
different context than originally intended require asking the
creator's permission. (NB: I am not a lawyer.)

So as with Compuserve, it's all a matter of a) being aware that one
_is_ giving full rights away, and b) whether that's acceptable. If so,
the agreement's fine. If not, look elsewhere.
--
:Don Tyler, Washington County, Oklahoma USA



Wed, 05 Dec 2001 03:00:00 GMT  
 
 [ 2 post ] 

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