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Yet more lawyerly debate : )
<br>Penny & Bryce Linsenmayer wrote:
<blockquote TYPE=CITE>"Tandy, Heidi" wrote:
<blockquote TYPE=CITE><font size=-1>Penny - would you like to put something
in the "Intro" to the club section which says "If You Join You Grant The
Founders the royalty-free, perpetual, irrevocable, non-exclusive and fully
sublicensable right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform and display
such Content (in whole or part) worldwide and/or to incorporate it in other
works in any form, media, or technology now known or later developed."</font></blockquote>
I think that's very appropriate. I'm not entirely sure *where* to
put it though. Wouldn't it legally be most effective if this license
language were spelled out right before the person hit "join"? Also,
how do we cover existing members? I'm not sure putting it in the
Club FAQs helps us much from a legal perspective, does it? I'm not
very up on cyberspace law, which is completely developing. You haven't
really put someone on notice that you're taking their thoughts & incorporating
them into another forum unless they know this up-front, before they join
-- have you?</blockquote>
I've only put people on notice when I've drafted terms of service agreements
for commercial and noncommercial-but-professional websites like The New
York Times and <A HREF="http://www.marsmusic.com">http://www.marsmusic.com</A> : )
<br>It would be best if it was spelled out before people hit JOIN, but
as a matter of law, given the current industry standard, you could also
add it into the Founder's Message. Here's what I would add:
<p>"This club is for grown-ups to discuss the Harry Potter books.
Our discussions of this wonderful series are in-depth, thought-provoking
and fun. While there is no age requirement to join the Club, please
note that most of our members are adults (18 or older). If you post to
the Club, you grant the Founders the royalty-free, perpetual, irrevocable,
non-exclusive and fully sublicensable right and license to, for <u>noncommercial</u>
purposes, use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform and display such Content (in
whole or part) worldwide and/or to incorporate it in other works in any
form, media, or technology now known or later developed. You've already
granted the same license to Yahoo, and by granting it to the Founders too,
you enable us to maintain our FAQ and create a searchable archive of messages."</html>