Be careful with myspace

kidkut · Post by **kidkut** » Tue Apr 25, 2006 10:23 pm

Not sure if this has been posted already but seen it on a board i use and thought alot of you here would like to know this..

This has recently been brought to my attention... You can find the content that is quoted below by clicking "terms" on the myspace homepage and scrolling down a bit. I.e. its taken directly from the terms of use, it's not some silly paranoid internet scare tactic.

In summation, News Corp (Rupert Murdoch), owners of MySpace & Fox News, can use ANYTHING of yours you post to your site [music, videos, photographs, art work, etc.]. This means they can alter it, edit it, sell it, etc. WITHOUT giving you credit, giving you royalties, basically without giving you jack shit. Please be aware of this and use caution when sharing your creative works on myspace. I adore seeing everyone's new work - but I'd hate for it to be violated and taken out from under your control by a media company that's much bigger than you.

If you think this is as frightening as I do, please repost and warn your fellow artists/friends about this. Direct quote is below.

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.

Im glad i use my own site

Jubz · Post by **Jubz** » Tue Apr 25, 2006 10:31 pm

I very much doubt that the quote has any relation to truth. You remember that epidemic of meth thats been coming to take over this country...?

rickyricardo · Post by **rickyricardo** » Tue Apr 25, 2006 10:40 pm

Ha....nope not BS. Check the terms

But of course....who *didn't* see this coming?

Jubz · Post by **Jubz** » Tue Apr 25, 2006 10:40 pm

Aha! :

(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,

Jubz · Post by **Jubz** » Tue Apr 25, 2006 10:41 pm

Anyway Myspace can suck my dick. Fucking hate it.

pdomino · Post by **pdomino** » Tue Apr 25, 2006 10:46 pm

The reason i only post ideas not FULL tracks if i understand it right, and surely you must have the original material ?

Cubase / programming etc etc

Someone explique moi si vous plait !

Paul

rickyricardo · Post by **rickyricardo** » Tue Apr 25, 2006 10:46 pm

Jubscarz wrote:Aha! :
(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,

I think that's only saying that you certify what you upload is yours to begin w/ (ie, you can't upload any Britney Spears to your personal page). Though, once it's uploaded...it becomes theirs to use, modify, and sub-license how they want.

I wonder if that's limited to MySpace, or expands to NewsCorp as a whole.

Jubz · Post by **Jubz** » Tue Apr 25, 2006 10:47 pm

RickyRicardo wrote:
Jubscarz wrote:Aha! :
(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,
I think that's only saying that you certify what you upload is yours to begin w/ (ie, you can't upload any Britney Spears to your personal page). Though, once it's uploaded...it becomes theirs to use, modify, and sub-license how they want.

I wonder if that's limited to MySpace, or expands to NewsCorp as a whole.

Seen. It can suck my dick double time then.

rickyricardo · Post by **rickyricardo** » Tue Apr 25, 2006 10:53 pm

^^

True that....Myspace is nothing but huge focus group

....an advertisers wet dream.

seckle · Post by **seckle** » Tue Apr 25, 2006 11:17 pm

i highly doubt that major record labels like universal corp. would allow any of their artists to use a site like myspace without looking into the legalities. thats why big labels have legal dept's. tom's a smart guy, not an idiot. do you realise how many lawsuits he'd be facing if he headed down the content hijack route? bottom line is...it's free bandwidth .

moldy · Post by **moldy** » Tue Apr 25, 2006 11:33 pm

Took down my tracks. People can check out my personal website for track clips in the future.

Thing is if any up and coming artist posts their content, if and when they make it big time Fox can use their music in say, ad spots or theme songs without paying any royalties. That's the real bottom line.

marsyas · Post by **marsyas** » Wed Apr 26, 2006 12:12 am

that and all the pedos/freaks keeps me away from it.
not interested.

logos · Post by **logos** » Wed Apr 26, 2006 12:12 am

The 'residual copies' bit is the part that worries me - it means surely that if you take your tracks down they still own the rights to any backup copies on their servers and can do with it what they will?

How does that work where there is another copyright owner of the material? I forsee court cases.

plastician · Post by **plastician** » Wed Apr 26, 2006 12:14 am

They still aint given us a grime genre so if they do decide to put my music on a compilation CD i'll be happy so long as I get what I want in return.

rickyricardo · Post by **rickyricardo** » Wed Apr 26, 2006 12:19 am

I think how it works out is that *you* still own the copyright, however by uploading, by default you grant them a free-range license to do what they want w/ it. Of course if the license isn't yours to give, then I definitly see problems down the way. I'm sure those are probably addressed elsewhere in the terms though. Newscorp has an army of lawyers at their disposal, so I'm sure that wasn't overlooked

sek [espionage] · Post by **sek [espionage]** » Wed Apr 26, 2006 12:33 am

even if this were true they would own the rights to whatever was uploaded.
in this case low bit rate mp3's and videos.

not the master

sek [espionage] · Post by **sek [espionage]** » Wed Apr 26, 2006 12:40 am

after reading over the clause a bit more.. it does look to be true.
however I strongly feel that it's mainly there to cover there own asses.

artist uploads a song without that clause and they could sue the pants off fox everytime someone listened to the clip on their page (myspace broadcasting it)

nothing to worry about I think.. then again I'm not a lawyer

flaviano · Post by **flaviano** » Wed Apr 26, 2006 1:00 am

moldy wrote: Thing is if any up and coming artist posts their content, if and when they make it big time Fox can use their music in say, ad spots or theme songs without paying any royalties. That's the real bottom line.

Only then, when said "new band" are going sick about their lack of payment from the old Australian shitwhistler, will this information gain mainstream publicity.

djshiva · Post by **djshiva** » Wed Apr 26, 2006 1:23 am

that's why i don't use the myspace server for my own tracks. i have my own flash player with my tracks uploaded to my server.

as i understand the policy, it applies to content uploaded to myspace.

drawkafella · Post by **drawkafella** » Wed Apr 26, 2006 4:37 am

i thought myspace was for gettin girls????

Be careful with myspace

Be careful with myspace

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