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How not to send lyrics...

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(@nicktorres)
Illustrious Member
Joined: 14 years ago
Posts: 5468
Topic starter  

Don't do it via AOL IM...

Although you or the owner of the Content retain ownership of all right, title and interest in Content that you post to any AIM Product, AOL owns all right, title and interest in any compilation, collective work or other derivative work created by AOL using or incorporating this Content. In addition, by posting Content on an AIM Product, you grant AOL, its parent, affiliates, subsidiaries, assigns, agents and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt and promote this Content in any medium. You waive any right to privacy. You waive any right to inspect or approve uses of the Content or to be compensated for any such uses.


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(@reasonableman)
Trusted Member
Joined: 18 years ago
Posts: 71
 

Oh Boy! AOL are super!

Know if there is a similar clause for MSN Messenger?


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(@artlutherie)
Noble Member
Joined: 18 years ago
Posts: 1161
 

Read that a long time ago but didn't really think about it pertaining to lyrics. Thanx Nick.

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(@nicktorres)
Illustrious Member
Joined: 14 years ago
Posts: 5468
Topic starter  

Actually, I think the part I italicized is new.


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(@kingpatzer)
Noble Member
Joined: 17 years ago
Posts: 2198
 

Anytime you are using a 3rd party tools, products or services to mediate your creation ... carefully review all licensing involved.

Wherever possible use the least encumbered license.

"The music business is a cruel and shallow money trench, a long plastic hallway where thieves and pimps run free, and good men die like dogs. There's also a negative side." -- HST


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(@m07zm4n)
Estimable Member
Joined: 18 years ago
Posts: 186
 

What I wonder is, if this license really holds...

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um...
KNOW MORE THEORY!!!!

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(@kingpatzer)
Noble Member
Joined: 17 years ago
Posts: 2198
 

The legality of these types of licenses are pretty well established.

But to see if this specific license would hold up in court, you have to take AOL to court. Unless you happen to be a multi-billionaire, you won't be able to stand up to AOL in the US courts where you have to foot your own legal bill.

So regardless of how the court MIGHT rule, the practical reality is, no one is going to be able to get to that point prior to having to spend thousands (if not hundreds of thousands) of dollars in legal fees.

"The music business is a cruel and shallow money trench, a long plastic hallway where thieves and pimps run free, and good men die like dogs. There's also a negative side." -- HST


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(@greybeard)
Illustrious Member
Joined: 20 years ago
Posts: 5899
 

That, therefore, means that they also own the rights to the content of any emails. This means that they own the right to your privacy.
That must be a real can of constitutional worms.

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(@undercat)
Prominent Member
Joined: 18 years ago
Posts: 963
 

That's.... odd.

What if I post the lyrics and melody to some popular song that's already been copyrighted?

That can't possibly hold up.

Do something you love and you'll never work a day in your life...


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(@kingpatzer)
Noble Member
Joined: 17 years ago
Posts: 2198
 

That, therefore, means that they also own the rights to the content of any emails. This means that they own the right to your privacy.
That must be a real can of constitutional worms.

I work in computer security. I have been involved as an expert in a few cases in federal court. There is no constitutional issue involved. AOL is not a common carrier. There have been more than a few cases where AOL specifically has given entire e-mail histories to the policy on a written request (not a signed warrant or subpoena) and it's held up in court.
What if I post the lyrics and melody to some popular song that's already been copyrighted?

If you post someone elses' lyrics without permission to do so, you are arguably in violation of that other person's copyright. If you have permission (either implied or stated) for the use, but have no authority to assign copyright, then AOL's license agreement would not apply. However, if you do have authority to assign copyright, the AOL license would hold.

All this, by the way, in no way constitutes legal advice. If you need legal advice, please consult an attorney who is licensed in your particular locale.

"The music business is a cruel and shallow money trench, a long plastic hallway where thieves and pimps run free, and good men die like dogs. There's also a negative side." -- HST


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(@katreich)
Honorable Member
Joined: 18 years ago
Posts: 689
 

Maybe I'm a little dense, OK, a LOT dense, but what I am reading is if I want to post somthing say on the songwriters forum, and I'm on AOL, that they retain rights to what I send?

Falling in love is like learning to play the guitar; first you learn to follow the rules, then you learn to play with your heart.

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(@nicktorres)
Illustrious Member
Joined: 14 years ago
Posts: 5468
Topic starter  

No, but if you have a friend on IM, and you IM'd the lyrics, then according to their license, they'd have the rights.


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(@ignar-hillstrom)
Illustrious Member
Joined: 19 years ago
Posts: 5384
 

Nick: I know for sure that license won't hold in Holland. Online licenses have been the subject in a few US trials over the past years, and in all cases either a settlement was made or the license was overruled.

Doesn't mean you shouldn't be careless though.


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(@anonymous)
Illustrious Member
Joined: 15 years ago
Posts: 8306
 

that's rediculous.
it'd be like a paper company saying that it owns the rights to anything printed on its paper, or bic claiming rights to anything written with its pen, or xerox....


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(@forrok_star)
Noble Member
Joined: 19 years ago
Posts: 2340
 

Same applies to free web space. Sometime back when folks wanted to upload their songs to Free Web Hosts I explained you need to read everything carefully because on most of them you'll find that anything uploaded to their server belongs to them, which includes holding copyright's. Whether it's images, songs, text, poems, etc.

Also if the site becomes sticky or a hit, they can cancel your account. Then turn around and have it themselves. Unless you have deep pockets to fight them your S.O.L.

Please be careful with your original material no matter what it is.

Joe


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