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Permitting redistribution of content & derivative works
I have a question about the Terms & Conditions -- specifically:
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You retain all of your ownership rights in your User Submission but by submitting your User Submissions to the Site, and as a condition of your use of the Service, you hereby grant MagCloud a worldwide, irrevocable, non-exclusive, royalty-free, sublicensable, and transferable license to use, copy, display, perform, modify, transmit, make derivative works of, and distribute your User Submission, for the purpose of providing and promoting the Service, including without limitation, for redistributing part or all of the User Submissions (and derivative works thereof) in any media formats and through any media channels. The license granted by you to MagCloud terminates once you remove or delete a User Submission from the Site.
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While I have no problem granting MagCloud (for example) the right to display a short excerpt from the interior or the cover of my [future] magazine as part of their marketing, etc, the ability to redistribute partial or derivative works from it could seriously damage my [future] contributors economically. (Once a how-to pattern is out there, even partially, its value is gone).
The words "sublicensable" and "transferable" are particularly nerve-wracking for designers in my industry given past transgressions by unscrupulous publishers. Could you please explain what this clause is actually intended to cover and how publishers' content could possibly be redistributed in future? Thank you.
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You retain all of your ownership rights in your User Submission but by submitting your User Submissions to the Site, and as a condition of your use of the Service, you hereby grant MagCloud a worldwide, irrevocable, non-exclusive, royalty-free, sublicensable, and transferable license to use, copy, display, perform, modify, transmit, make derivative works of, and distribute your User Submission, for the purpose of providing and promoting the Service, including without limitation, for redistributing part or all of the User Submissions (and derivative works thereof) in any media formats and through any media channels. The license granted by you to MagCloud terminates once you remove or delete a User Submission from the Site.
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While I have no problem granting MagCloud (for example) the right to display a short excerpt from the interior or the cover of my [future] magazine as part of their marketing, etc, the ability to redistribute partial or derivative works from it could seriously damage my [future] contributors economically. (Once a how-to pattern is out there, even partially, its value is gone).
The words "sublicensable" and "transferable" are particularly nerve-wracking for designers in my industry given past transgressions by unscrupulous publishers. Could you please explain what this clause is actually intended to cover and how publishers' content could possibly be redistributed in future? Thank you.
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Inappropriate?We've been receiving some excellent feedback on the Ts & Cs, and we want to encourage more of that. As you might imagine the people who write those are different from the people who design the site or write the code :-). One of our goals in the Beta is to refine the terms to ensure they protect our users and us appropriately, and what you see now is a starting point.
IANAL, but I can say that we have no interest in appropriating our users' content, be it photos, articles, designs, ads, whatever. We win when our users win (seriously! that's the business model in a nutshell). I can't give you an estimate for when we might have revised terms, but I think it's safe to assume the current ones are not the final word.
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Thanks. I wouldn't think you'd have an interest in appropriating, it's just that I'll have a hard time getting people to participate in my planned mag til the terms are revised...
And yes, I know there's usually a lawyer/developer divide! ;) I just wanted to make sure you knew that clause is a little hackle-raising from a publisher standpoint (I say this, too, having written over 10 books for major publishers and nitpicking about similar clauses in their contracts).
Might I suggest that we leave this thread open for other comments on the T&C to make sure the lawyers address everyones' concerns appropriately in the final version? Thanks.
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