The Mudcat Café TM
Thread #92090   Message #1768646
Posted By: Bonnie Shaljean
25-Jun-06 - 09:56 AM
Thread Name: MySpace policies - ?
Subject: RE: MySpace policies - ?
Fine. I just wish they would explain the contradiction in the following, and also clarify whether "non-exclusive" means that they too are free to "license your content to anyone else". In short, what is the difference between "License" and "Agreement" and which has precedence; and does Clause (2) "Term" overpower subheading 1 in Clause (6) "Proprietary Rights…" ?

The latter is reassuring, the former is not. I know they have already amended some of their contract stipulations in response to public protest, but perhaps a bit more modification is needed. At one time they could keep portions of an artist's work even after the artist had departed. This has now been scrapped - but only after objections were raised. If no one ever queries anything, nothing will happen. This whole question is certainly not going to threaten the continued existence of MySpace (nor would I want it to). But it might improve the artists' benefits.

Capital letters to emphasise certain passages are mine, not theirs.


1 Eligibility…
2 Term. This Agreement shall remain in full force and effect while you use the MySpace Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. MySpace.com may terminate your Membership at any time, without warning. EVEN AFTER MEMBERSHIP IS TERMINATED, THIS AGREEMENT WILL REMAIN IN EFFECT, INCLUDING SECTIONS 5-17.
3 Fees...
4 Password...
5 Non-commercial Use by Members..
6 Proprietary Rights in Content on MySpace.com.
      1.MySpace.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the MySpace Services. After posting your Content to the MySpace Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the MySpace Services, you hereby grant to MySpace.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the MySpace Services.
Without this license, MySpace.com would be unable to provide the MySpace Services. For example, without the right to modify Member Content, MySpace.com would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, MySpace.com could not allow Users to listen to music posted by Members. THE LICENSE YOU GRANT TO MYSPACE.COM IS NON-EXCLUSIVE (MEANING YOU ARE FREE TO LICENSE YOUR CONTENT TO ANYONE ELSE IN ADDITION TO MYSPACE.COM), fully-paid and royalty-free (meaning that MySpace.com is not required to pay you for the use on the MySpace Services of the Content that you post), SUBLICENSABLE (so that MySpace.com is able to use its affiliates and subcontractors such as INTERNET CONTENT DELIVERY NETWORKS to provide the MySpace Services), and worldwide (because the Internet and the MySpace Services are global in reach). THIS LICENSE WILL TERMINATE AT THE TIME YOU REMOVE YOUR CONTENT FROM THE MYSPACE SERVICES. The license does not grant MySpace.com the right to sell your Content, nor does the license grant MySpace.com the right to distribute your Content outside of the MySpace Services.

http://collect.myspace.com/misc/terms.html?z=1