Want your opinion on a site's TOS...am I reading this correctly?

1. 78

   KCC Big Countryposted 14 years ago

   I was sent an email through HubPages that invited me to become a writer at another site. I was just checking out their TOS.  I want someone else to read this paragraph.  Does this say what I think it does?  Give me your opinions.....
   
   ____________________________________________
   License to Your Content
   
   You retain ownership of Your Content, but you grant, and you represent and warrant that you have the right to grant, to (company name) an irrevocable, perpetual, non-exclusive, fully-paid, transferrable, worldwide license to use, copy, publicly perform, display, distribute, modify, adapt or reformat Your Content, to create derivative works of Your Content and to incorporate Your Content into other works, on the Site and in connection with (company’s name)’s business, in any media now known or hereafter developed.  You agree that none of Your Content shall be deemed confidential or secret information and that Your Content will be publicly available through the Sites.

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   1. 58

      darksideposted 14 years agoin reply to this

      The way I read it is that they're saying that you own it BUT they can do anything they like with it.
      
      And if it becomes a derivative work or your work is incorporated into other works then I guess it's no longer your work. You've given them permission to edit and own everything you submit to them.

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   2. 0

      cosetteposted 14 years agoin reply to this

      it means keep walking.

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   3. 0

      Ghost32posted 14 years agoin reply to this

      I wouldn't touch it with a ten foot pole.  Or anything else.

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2. 84

   rebekahELLEposted 14 years ago

   hmmmm, after reading it a few times, it sounds to me like they're saying they'll do whatever they want with your content...

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3. 78

   KCC Big Countryposted 14 years ago

   Then doesn't it seem contradictory for them to say that I retain ownership, yet they seem to be able to do whatever they want?

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   1. 58

      darksideposted 14 years agoin reply to this

      Yet completely legal.
      
      But that doesn't make it right. Just puts the ball in your court whether or not you want to pursue such a 'relationship'.

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4. 78

   KCC Big Countryposted 14 years ago

   It's like they are saying, "hey we're going to co-own it and you do what you want with it, and we'll do what we want with it too".   Seems odd to me.

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   1. 84

      rebekahELLEposted 14 years agoin reply to this

      yes, it does.  it sounds like they're trying to use a lot of words to say, you own it, but we're going to use it however we want.

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5. 68

   Pearldiverposted 14 years ago

   Hi Karen.... Yes you read it right.
   
   If you grant irrevocable license to this site under these terms you allow your work to be completely 'bastardized' in any way, shape or form they choose and you allow them to onsell your works (for No Further Compensation - Legally) to any future party (current or yet to be formed).
   
   In short my dear: You are relinquishing in it's entirity - ALL Your documents/manuscripts etc. that you submit to this site.
   
   Good Deal I Hope? (If they are paying you the equivalent of what your work has the potential to earn you for a lifetime!) - That is potetially $2500 / article (under current conditions)
   
   No Karen - You Don't Need to do business like this!
   It's equivalent to selling your soul.

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6. 68

   Pearldiverposted 14 years ago

   Further..... This is NOT effectively Co-ownership at all.
   
   They appear to have in mind the securing of work - exclusively for the reselling of that content full site from which this L/A allows them to state direct asset ownership of (via your release).
   
   Is there a financial consideration involved here?
   eg: What are you being paid per article?
   And on what terms?

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7. 68

   travelespressoposted 14 years ago

   This is shocking!  I agree with Pearldivers comments.  You are certainly selling your soul.  Even if you were being paid, lets say the $2500 mentioned, you give up your rights to publish and get paid for additional sales.
   Also, the way I see it - you are giving them permission to reuse your good works for them to profit.
   It's immoral!
   Great heads up for us all to read the TOS thoroughly.

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   1. 68

      travelespressoposted 14 years agoin reply to this

      Just had another thought about this - If you write something and then someone else takes your brilliant paras and adds their shiite to it - potentially I think there might be an issue over copyright.  Who has the copyright on the reformated piece?  Messy!!!

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8. 87

   RedElfposted 14 years ago

   The advice you've heard so far certainly nailed it. You may own the work, but they get to do whatever they want (including re-selling and altering) for no further compensation to you after you turn it over and sign the contract. I was offered a recording contract something like this once. Needless to say, I didn't sign either - So what site is this , if you don't mind my asking? I'd like to know who to stay away from...LOL

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9. 74

   Ultimate Hubberposted 14 years ago

   I agree with travel espresso. This site is not even worth joining having an Alexa rank of  323,878 and their traffic is decreasing day by day.

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10. 78

    KCC Big Countryposted 14 years ago

    Sorry, I had my computer hijacked by my daughter for a bit.  I'm just now catching up on all your comments and I do appreciate them.  I thought it was rather comical to say that I retain all rights, when it seemed to be saying quite the opposite in the second half of the sentence.  It's like which is it?  I just wanted to make sure I was reading it correctly.  You all seem to be seeing it like I did.

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    1. 0

       cosetteposted 14 years agoin reply to this

       yeah they basically are saying you write it but because it is on their site they can do anything they want with it, and that changing content part really annoys me, err...

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11. 0

    R.G. San Ramonposted 14 years ago

    I think it means that you keep your name on it, even if it's edited. That part about sharing your content with other websites is like that of Associated Content, when they give upfront payment for an article you allowed them to distribute to other sites. Basically your article will appear on those sites (I don't know if they will tell you which but AC doesn't), yet your name will still appear on it. Maybe the editor's name will also appear, but I'm not sure. I guess the best way for you to find out is to contact them for your questions, and look for other people who still writes or previously wrote in that company. That way, you'll get to see more pros and cons.

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12. 86

    Marisa Wrightposted 14 years ago

    It's not unlike Helium's TOS.  You retain ownership of your article and can sell it or publish it anywhere you like - but you can't delete it from Helium, because they have the right to keep it forever and republish it anywhere they feel like (including in anthologies of Helium articles).
    
    Which, of course, means "ownership" doesn't mean much, because it's already published on Helium and therefore lots of other sites won't take it.
    
    A lot of Helium members don't read the TOS and don't realize that - including me.  I only wish I hadn't written 191 articles there before it dawned on me.

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13. 52

    wrenfrost56posted 14 years ago

    Yes you did read it right. I came to the same conclusion, that you and them can do whatever they feel like with your work!

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14. 62

    Lisa HWposted 14 years ago

    It's pretty much like a lot of writing-related sites have for TOS.  Essentially, you can post it wherever you want; but they can do whatever they want with it too.  You do have the right to sell license to use it, provided anyone who were to pay for that understands the exact terms.  Other than those two things, or maybe the right to go after someone who steals the article (and didn't get it a a result of being given it by the site), your rights are pretty watered down and not worth much.

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15. 69

    lrohnerposted 14 years ago

    Like Marisa, I immediately thought Helium when I read that. Anyhoo, take a look at this site for more info:
    
    http://keepyourcopyrights.org/contracts … unfriendly

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16. 78

    KCC Big Countryposted 14 years ago

    I purposely left out the company name since I'm not here to run them down.  I just wanted to make sure I was understanding it correctly.  It's not Helium. 
    
    Thanks again for all your comments.  I'm not planning to write with them.

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    1. 0

       ryankettposted 14 years agoin reply to this

       How did they intend to pay you? One off payment or revenue share? The terms that they offer are acceptable on a royalty basis, but never as a one off payment. If you took 50% of everything that they were paid for reselling your works, with you still credited as the author, then it would be a great way of exposure. But if they are talking about paying you a pittance to own your works for life, sorry but I would give that one a miss!

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