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Topic: Who owns the content from forum posts? (Read 15870 times) |
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Isaac
Senior Member
Posts: 3472
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Re: Who owns the content from forum posts?
« Reply #5 on: Aug 16th, 2004, 5:33pm » |
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Mr. Ivey is absolutely right.
My comments did not refer to any particular forum where the arrangement might be creative.
Imagine however a hypothetical IP forum with a creative presentation with a creative physical layout but with forum groups logically broken down into patents, copyright, trademark, trade secrets, etc. Within in each group the topics are chosen by posters.
Regardless of the sweat equity put in by the forum host, the content and arrangement could readily be "ripped off" and duplicated else where without infringing on a copyright based right of the host. Some elements of the physical layout might be protectable, but certainly the idea of putting each reply below its chronological predecesor would not be. That's pretty much the holding of Feist v. Rural Telephone and its progeny. It's also part of the reason why some are pushing for database protection that goes beyond what copyright law can protect.
However, the forum participants might well have viable copyright actions against the rip off artist.
Note however that the hypothetical description does not describe intelproplaw's patent forum which is broken into topics chosen by the forum owner I presume.
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Isaac
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Forum Admin
Administrator
Posts: 65
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Re: Who owns the content from forum posts?
« Reply #6 on: Aug 16th, 2004, 10:00pm » |
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As an example, the terms underwhich vistors may use our site prevents the copying of material for use on another website. A link to the Terms of Use for the website can be found at the bottom of the home page at http://www.intelproplaw.com. It states specifically,
You may not copy any of the content from this website for inclusion on any other website. To do otherwise would be actionable in damages.
As well, such unauthorized use would amount to a trespass on chattels. See the case of eBay Inc. vs. Bidder's Edge, Inc. at:
http://pub.bna.com/lw/21200.htm
where Bidder's Edge was reposting eBay's auction listings at its site.
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| « Last Edit: Aug 16th, 2004, 10:01pm by Forum Admin » |
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artisan
Newbie
Posts: 1
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Re: Who owns the content from forum posts?
« Reply #7 on: Jan 5th, 2005, 1:03am » |
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does the author then have the right to remove any or all posts that he/she has contributed to an online forum?
once published online - does the author still hold copyright?
Do the laws affecting this depend on which country the servers are hosted?
Thankyou
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Isaac
Senior Member
Posts: 3472
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Re: Who owns the content from forum posts?
« Reply #8 on: Jan 5th, 2005, 4:58pm » |
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I'm sure the law does depend on what court is available to
pursue the forum holder in. But I would suggest generally
speaking, that the terms you agreed to when you posted into
the forum have a lot to do with whether you can withdraw
material you've posted. I think the forum holder can make
the case that your posting in the forum with actual or
constructive knowledge of the rules gives him a limited
license to display the content in accordance with those rules.
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| « Last Edit: Jan 5th, 2005, 4:59pm by Isaac » |
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Isaac
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Bob
Newbie
Posts: 1
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Re: Who owns the content from forum posts?
« Reply #9 on: Jan 6th, 2005, 8:29pm » |
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Following on from the previous question.
If, once logged onto the site/forum, the author has been given the option to edit or delete their own posts,
does this mean that the owners of the site/forum are relinquishing their ownership of the posts and their contents to the authors by giving them this ability?
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