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You Want Rights?
you have rights to keep your property, right?... and you want to keep your rights, right?... let's see... you write or draw something, copyright it, and it's yours, right?... maybe... that's right, maybe... maybe even wrong...

if you have a webpage, or just post your words or anything on the web, ISPs and website companies seem to believe they own whatever you post... people interested in the new wave of copyright theft should read the TOS (terms of service) in your member agreements... In July 1999, members of Geocities found out that after Yahoo took over Geocities, the TOS agreement was changed to give Yahoo property rights over anything any member put on their web servers... they changed the wording of their TOS under public pressure, but not enough and still the prevailing winds are to attempt this sort of intellectual property theft within the fine print of TOS member agreements... case in point...

Infoseek Terms Of Service:

"By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived."

Infoseek Support confirmed, via email, that Web Pages are considered covered by this notice and the Corporation has "shared rights" to all materials between the author and the corporation by virtue of their being posted...

considering that www.go.com is now affiliated with entertainment giants including ABC.com, ABCNews.com, Disney.com, Disney's Club Blast, ESPN.com, Family.com, Infoseek, Mr. ShowBiz, Wall of Sound and WBS.net... and that you are automatically grandfathered into the GO network if you are a member of any of these web sites... you are automatically abiding by the above agreement as a member of any of these web companies... so this member agreement covers each of these companies and gives them shared ownership of your work as well...

check Disney movies or songs - or ABC Entertainment shows - or who knows where... you might find your words or creative works selling well for them...

and while GO may have some of the most comprehensive coverage of this newest form of Intellectual Property Theft, they are far from alone... here's the subject from Prodigy's Member Agreement:

"By submitting material to a public postings area you are irrevocably granting the Company permission to do anything the Company may choose with all parts of the Submission, as if it were in the public domain, including modifying it or using it commercially and authorizing others to do so...."

as of this writing, I've not heard back from Prodigy Copyright Support or Prodigy Notices...

I'd really like advice and feedback on this... what do you think?... what can we do to protect our intellectual property rights?... do you think these "member agreements" hold up in court?... any lawyers out there?... I'd like to believe this Copyright FAQ is correct, and yet do Terms Of Service agreements or member agreements void or supercede intellectual copyrights?... are the Internet or Entertainment industries waiting for the courts to decide?... are you?...

thank you for reading... contact me if you are concerned and I'll keep you up to date on anything I hear... public pressure helped Yahoo back down a bit, perhaps that is what is needed and here's detailed info about intellectual property rights, and web resourses... if you want to read the laws yourself, click away...

The USA Copyright Office...
World Intellectual Property Organization...
USA Copyright Law...
Article 107 (Fair Use)...
World Copyright Treaty...



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