I own a website/business where about 10 gigabytes of data are uploaded on a daily basis. This data is uploaded by my customers. I am being asked to share this data with other sources. These sources will pay for this data. The issue is copyrights. Most of my customers do not register copyright but that will only protect me so much.
Q1: How airtight is a required checkbox with Terms of Service stating the transfer of copyright ownership or something similar which would allow my to sell this data?
Q2: Can anyone recommend a copyright lawyer in the DC area?
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Ask your customers, or sell your soul to the devil.
No one will be forcing anyone to do anything. As a matter of fact, I think it could benefit my customers. I’m contemplating 2 different Terms of Service agreements. Giving up rights would require higher fees.
Dude, you start selling your customer’s data, you’re going to lose a lot of your customers, and not necessarily the way you think (your customers getting mad). You’re giving somebody a blueprint on how to either take those customers away from you, or gut their businesses from the inside. That’s why they want to buy it in the first place
Star,
My industry has a significant problem and I believe I have a solution but I have to beat everyone else to the punch. A $500 million lawsuit is gathering steam. I haven’t made a decision about it. I’m rearranging the chairs in my head first.
I believe I can create a gateway between 3/4 groups. As I said below, I believe my customers could benefit from it.
I am doing a bit of research into that and believe the answer is this:
Any website may hold/publish/display/SELL any information someone has uploaded/typed/shared there, which implies their AGREEMENT to publish, unless it is specifically designated for THIS AUDIENCE ONLY. Even that is a flimsy attempt to claim additional rights. I look at it like used book stores… authors gripe they don’t get paid for their work that is RESOLD. They should be happy nobody tossed their drivel into the trash can. Oops… I digressed.
So, as long as a contributor/client/customes does not put limitations on what they’ve published and as long as the owner shares it intact or paraphrased without changed meaning, then there is NO COPYRIGHT infringement by the website.
I’ll go find the statute… I took a photo of the screen (too lazy to screenshot… it was in a documentary, so I just paused it.)
Mags,
You are one of the top researchers on TBP. Thanks. Rest assured I am no dummy and will be seeking out legal advice and have our Terms of Service agreement rewritten if I go that route.
I think I found it, but will keep looking for additional resources. The 1996 Communications Act, while relatively unbeknownst to most people was a profound change in the power structure of the FCC.
But, I think it protects your business as written.
I appreciate the compliment, but being a natural born nosey nosenstein is really nothing to brag about. It’s in my genetic makeup.
I come from a pack of nosey nosensteins.
Hey Donkey,
The air-tightness of intellectual property is contingent upon the language of agreements and the willingness of principal’s/company’s to prosecute or defend. And the issue with that is this: Make a call and have the firm send a warning letter, then get a bill for $1,200; which is quite often just the opening salvo.
After a while, I just started writing my own contracts to cover my ass the best I could, move forward and don’t sweat the small stuff.
Can’t help ya in D.C.
Copyright is no joke for sure. It was written as an equalizer between gigantor (corporations) and the little guy.
Trademark law allows for dating back to first business usage so it is often overkill to register various creative / info / process or systems, especially when considering the restrictions on such variations to include mark, design, specific use, area, et al.
Therefore, it is quite often possible to find templates for release agreements, contracts to protect against indemnification, as well as non-compete agreements online. Then you could always add provisions similar to the following and pursuant to your previous business agreements/interactions:
This keeps any brushfires contained to your turf and often serves as a deterrent to potentially shady characters.
This modus operandi can also work with patents as well and by the time the big boys decide to slightly modify and steal, a good plan is to be rich enough at that point to make them uncomfortable, or, already be onto something better by that point anyway.
Probably not specifically applicable to your particular situation, but just trying to cover the bases and get you thinking.
By all means consult with Legal Eagles, LLC for risk protection while remembering you understand your business better than they and their billing department.
Good luck.
We had a similar issue and questions on how to proceed.
The lowest cost solution: Utilize the TOS of a site like Faceplant or Youtube.
Last I looked, those TOS agreements specifically indicate that anything uploaded can be utilized by the site holder as they wish. That includes monetizing.
No need to pay an attorney if you rewrite a TOS from Faceplant or Youtube with your own company/credentials pasted in – they already paid and have written legally sound (but morally questionable and/or repulsive) TOS agreements. Just change the language a little, remove clauses that don’t apply and insert info. that does.
You need to be GDPR and CCPA (California Consumer Privacy Act) compliant.
https://www.csoonline.com/article/3292578/california-consumer-privacy-act-what-you-need-to-know-to-be-compliant.html
Holy crap. Mother of Moses.
I wonder if I can refuse service to users in California.
DUTCH – can I email you?
I found the link to the discussion about “neutral” platforms. Here it is… I hope it helps.
https://www.eff.org/issues/cda230
47 U.S.C. § 230, a Provision of the Communication Decency Act
Thanks Mags