ø¤º°º¤øShadowbunnyø¤º°º¤ø (shadowbunny) wrote in antiriaa,
ø¤º°º¤øShadowbunnyø¤º°º¤ø
shadowbunny
antiriaa

Can someone translate this for me?

I'm not good at reading technical stuff like this plus I have A.D.H.D. and can't focus more than 5 seconds but am I reading this wrong or.... is MySpace saying in their T.O.S. that they own everything you put on your page?
"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.
  2. The Services contain Content of MySpace.com ("MySpace.com Content"). MySpace.com Content is protected by copyright, trademark, patent, trade secret and other laws, and MySpace.com owns and retains all rights in the MySpace.com Content and the Services. MySpace.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the MySpace.com Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services.
  3. The Services contain Content of Users and other MySpace.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Services. "


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I doubt you'll ever get a response from anyone on this community because I never see any discussion here. I hope so, though, because I'm really interested in this now as I have music on MySpace as well. Did you post this to any other communities?
Thanks! I never thought about this before putting anything up on MySpace.
No, they don't "own" your content. You still own your content. You're just giving myspace the right to use, distribute, and sublicense that content as long as it resides on their web page (and, apparently, they have the right to any backups they've made as well, but it's vague on whether that means the same spectrum of rights)

Myspace needs some rights to your content to host it and allow other people to download it. Most legalese is made very very broad so you can't sue them if they slip up. So this license allows myspace to do a lot more than just display your work on your myspace page: make and distribute derivative works, etc. EG: they could put out a "best of myspace" CD and not pay you for it.

But you don't lose ownership of your own work. You can still do what you want with it.

Also: just because a contract says something doesn't mean it's enforceable. There may be federal or local laws that supersede the terms in the contract. You'd really need a music lawyer to figure it all out.
smart penguin said just about everything i was going to.

seriously, the way people are freaking out about what's basically language saying "i promise not to sue myspace" is really weird. a "license" is not "ownership". furthermore, if myspace ever put out a "best of myspace" cd without paying people for it i'm sure they'd at least get permission first, they can afford good lawyers and they're not stupid and there are plenty of people who would be happy to sign on the dotted line to get exposure.

on top of that, there are enough established bands with established lawyers that have people putting up tribute pages and so forth that it's probably just a precaution against any metallica-type big-target suits.

in short, myspace has a lot more to lose legally than the average person downloading a few songs that 50 of their closest friends will hear. myspace is covering its azz.