So, who owns what is written on a message board?

[dcentity2000]

From what I remember, each individual "owns" their own posts under individual copyright unless you state otherwise.

The extent to which you "own" your posts is a little more hazy. People can quote away to their hearts content as long as they attribute source and are free to openly evaluate what you say. Copyright does have it's limitations and is not absolute. You do not need to bring up the matter of copyright in order to gain it over what you post.



Rich::

 

[bicker]

This exact scenario played out a few years back... some content from discussions did indeed eventually make it into a published guide. The owner of the website did indeed have the rights to make use of the discussions in that manner.

 

[disneymom3]

Not sure about that. You may have the original rights. Check into that one.

BTW did you (general you) know that you do not have to submit your writings to get them copywritten. If you post/write something and put that "C" symbol next to it, it is considered copywritten. (I read that somewhere in my travels).

As a matter of fact I did. Back when we were dating the band DH was in made up these posters for a bar gig they had. Just to be dorks, they put the little C on the master copy of it. DH and I went to make copies of them at Kinko's and they wouldn't make the copies for us because of the darn copyright! Told us we had to have something saying that we WERE the name of the band in order to make the copies.

Well, that little trick wasn't so funny afterall!

 

[Imzadi]

I know of forum owners being sued for so-called "slanderous & defamatory posts" written by posters about one particular company. It was claimed that the owner of the board was responsible for the posted content on the forum since he left it there & was in effect "condoning & agreeing" with it. Hence the need for Mods & lots of disclaimers.

There are many "Black Friday Sales" forums & websites that have been threatened with legal action as stores claim the leaking of their sales flyer's contents gives competitors unfair advantage to under-price them on Black Friday (the day after Thanksgiving.)

 

[DisneyTarheel]

Well, isn't that interesting.

I think it is kind of a rip! Why should someone else own my posts. I almost posted an idea I've been cooking up for an article, to get opinions, but now I can't. I would have appreciated the input from so many interesting perspectives.

Of course, I realize that it isn't my site, and I choose to follow the rules by posting here...but no one said I had to like them.

I don't remember whether we had to consent to those Terms of Service when we created our accounts. If not -- could make it harder to enforce.

Even if it is enforceable, I don't see explicit language assigning or licensing your copyrights to the site owner. They have a compilation copyright to the forums as a whole, but you likely retain your individual copyright in your postings.

There are implied licenses being granted by your posting to this forum, however. By posting your content here, you are allowing the website to do certain things with it, as well as allowing fellow posters to quote you in their own messages, etc. Were the site owner to attempt to include one of your trip reports in a book of trip reports, however, one could argue that they had exceeded the scope of your grant. A prudent publisher would require the owner of the website to obtain releases from the authors of the trip reports before including them in the book.

Of course, nothing I have stated above is intended to be legal advice. Also, objects in the mirror are closer than they appear, but no animals were harmed in the drafting of this message. If you have actual concerns or questions about this issue you should consult with your attorney.

 

[WebmasterPete]

To be honest with you, I'm not 100% on this issue either. I know that I own all original content commissioned by me (meaning if I pay someone to write something, or something is written on behalf of the site). Where the forums are concerned, I'm really not sure. What I can say is this: I have never looked at the posts here as "my property", nor have I ever looked to leverage the posts here for things outside the DIS. In cases where we have recopied content from the boards for use on other areas of the site, we normally will ask permission of the original poster.

I do know that the law does hold individuals responsible for what they post on message forums, and not the forum owner or manager. That would lead me to believe that in the eyes of the law, the typed words belong to the person typing them, but I'm no lawyer.

If I had to take a guess based on my experience, I would say that when someone writes a post, they are free to copy it anywhere they want, however they want. No one else is free to do that, however, without the permission of the original poster.

I hope that helps answer the question.

Pete

 

[In a hurry]

Thanks Pete! I apprecate you taking the time to answer!