Does Hubpages Own Copyright on the Comments on Our Articles?

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   eugbugposted 3 years ago

   So we can't copy them if we duplicate articles elsewhere?

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      Jodahposted 3 years agoin reply to this

      Well, we retain the copyright to our articles, so wouldn’t we have the rights to the comments that go with them?

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         eugbugposted 3 years agoin reply to this

         Our replies to comments, yes. But those made by other people, I'm not so sure.

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            Miebakagh57posted 3 years agoin reply to this

            The comments made by others(be they writers or readers) is generate by our articles.                                          Critically, they reserve the right to input a comment or not. When that's done, we own the right to they words.

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   2. STAFF

      Matt Wellsposted 3 years agoin reply to this

      Comments are considered User Content. User Content is licensed to The Arena Group, but the submitter retains ownership. Please see section 4 of the TOU: https://thearenagroup.net/terms-of-use/
      
      The submitter of the comment retains rights, so you may run into issues copying someone else's comment and posting it elsewhere.

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         eugbugposted 3 years agoin reply to this

         Thanks for clarifying that Matt.
         So not much hope really of tracking down commenters to ask permission for using elsewhere.

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   Shesabutterflyposted 3 years ago

   I always assumed the commentor retained the copywrite to their comments and questions (in regards to the Q&A). One of the main reasons I thought moving our copywrite below the Q&A was silly. Not only is it hard to find, but we do not own all that content. I did a quick scan of the TOA and if I'm reading it correctly, I believe they do own their own work.
   
   These are from the TAG TOA which was updated in September. "You grant TAG a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content"... "Except for the license you grant above, you retain all rights in and to your User Content, as between you and TAG."
   
   User Content is defined as comments, photos, ratings, and other.

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   psycheskinnerposted 3 years ago

   As with any writing, the copyright belongs to the person who wrote the comment.  You can only use the comments if you can show where the person who wrote them signed the copyright over to you.  This is not done by the Hubpages terms of use, so no--we can't use them. The terms of use allow Hubpages itself (not us) to use the comments but does not transfer their copyright.

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      eugbugposted 3 years agoin reply to this

      That makes sense. However I hope we own copyright on our replies, even though we've sold our soul to TAG as regards their use.
      
      BTW, where have comments gone? I thought they had been copied and pasted onto the new sites when the TAG versions were implemented a year or two ago, or was I imagining that?

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   MizBejabbersposted 3 years ago

   Such diverse answers! I would like to see a reply from a HubPages official answering this question. I studied copyright law both as an undergraduate and an MA student in journalism, but nothing I studied covered comments, just published articles, books, etc. I think it was kind of taken for granted that people who wrote questions and comments that were published in columns were the copyright of the newspaper, magazine, etc. That was before the internet, and comments on online content were nonexistant. That was then, and this is now. So please, HP, answer this for us.

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      Miebakagh57posted 3 years agoin reply to this

      Miz, welcome to the discussion. Hope you and me will here meet on a common front, and not a cross road.

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   psycheskinnerposted 3 years ago

   I don't see how online comments are a special case.  They are “original works of authorship” that are "fixed in a tangible form of expression."  So copyright is with the author unless or until they give it to anyone else or it expires.

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      Miebakagh57posted 3 years agoin reply to this

      Penny Skinner, your reasoning is logical enough.                                  I've said it elsewhere that I'm not a lawyer. But I was in a law class during my Administrative Officers indoctrination course. And I made complete pass, which qualify me a full pledge Administrative Officer.                                       Critically, the TAG TOA exclusive terms is too wide. It take away from authors.

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6. 74

   Miebakagh57posted 3 years ago

   I'm not a lawyer or advocate.                                    But despite what Hubpages said. If I'm quoted "Miebakagh57 said," and this quote includes words and quotes I extract from eugbug's comments, does the new comment I made belongs to me fully or partially? In the eyes of the law, I own the comment. It makes absolute sense.

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      theraggededgeposted 3 years agoin reply to this

      Not if Eubug can produce the original and prove when it was published.

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         Miebakagh57posted 3 years agoin reply to this

         Yes, and that's logical enough.                                     But the courts have seen reasons to say that when the quote has a limited number of words, it belong to the the author other than eugbug.

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