Be Careful Posting Content On Myspace

HowdyDoo

HowdyDoo

Well-known member
For those of you posting short films, music, or photography on Myspace. BEWARE!

Under Article 6 of the User Agreement entitled:
Proprietary Rights in Content on MySpace.com.

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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I'm sure this won't be a big deal for most people in this forum, but for those that do use Myspace, and have goals of achieving National distribution... be careful!
 
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I'm not too good with this user agreement rights and all that jargon.

Quick question, what if you don't get it hosted on myspace and just have it linked to your myspace page from your own personal webspace? does that still count?
 
slinks said:
I'm not too good with this user agreement rights and all that jargon.

Quick question, what if you don't get it hosted on myspace and just have it linked to your myspace page from your own personal webspace? does that still count?
Click to expand...

I don't think that would count considering it's your own webspace.
 
The way they have the whole thing worded is very aggressive in nature. I don't like it.

In the grand scheme of things, the chances Myspace will actually exercise their "ownership" rights to your content is very, very, very slim. But in the off chance you become the next Wes Anderson... this kind of thing can come back to haunt you.

I used to be represented by CAA out in Hollywood and I learned some valuable stuff through that experience. It never hurts to cover your basis when it comes to your content. Heck... what if you suddenly found your short film in a Myspace national commercial? Legally, they can use it free of charge.

As for posting links, it's tricky. They state: "By displaying or publishing any Content.... on OR THROUGH the Service...".
 
Put it this way...dont sign up for the filmmakers area..and dont post any really good stuff on there.

If you really want people on there to see it..make a text link going to your website.

thats probably the only way i could think of sorta getting around the ''agreement''
 
I still like myspace..it gives me something to do besides cruise around here..which is also good..cuz i dont meet really really hot girls from my area on here..:)


...i still love this place more tho...:thumbsup:
 
This is nothing new. I pretty much assume that kind of crap applies to almost any and all places that permit free uploading of videos. Hell, you ought to read the CurrentTV agreements, they even include things like right of first refusal to use your RAW video clips from anything you give them among other craziness. that's right, even your raw footage isn't yours anymore!
 
Good postings guys, very informative.

Strange that they would retain a back-up copy and retain the rights to it as well.

Now, the million-dollar question is: Which video service is the most 'filmmaker' friendly? especially rights/license-wise?

Once we all flock to that sight, maybe myspace will start to rethink this clause in their user agreement
 
Well, you guys piqued my interest here and I plan to look into it a little. I have a teaser trailer up there (http://myspace.com/thetailor) and can only hope there will never be any effect with it, I would assume the odds of them ever executing this right is slim to none...but I'll dig in and ask around. Goes to show the devil is always in the details.
 
Ah, but what if you place a copyright flag in the video and have someone else post it anonymously? Then if they try to claim it you just note that you never uploaded it or agreed to their license. And it's got a copyright on it.
 
use bolt.com.... they are the non evil myspace. plus my friends, and soon to be me work there. we wont screw you over.
 
HansK said:
Ah, but what if you place a copyright flag in the video and have someone else post it anonymously? Then if they try to claim it you just note that you never uploaded it or agreed to their license. And it's got a copyright on it.
Click to expand...

you mean like a small watermark with your logo throughout the video or something like 'for promotional use only'? yeah, that seems like it'd work.....

k, I'll check out bolt.com....seems interesting
 
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