This is a pretty interesting thread. I was thinking about this copyright issue recently. Say someone who's travelling, let's say Mary Bradley for instance, uses the TP blog to document her journies, and say she happens to be a pretty good writer. Two years down the line she's browsing through a bookshop, picks up a travel book, flicks through it, and suddenly recognises the writing.....
In such a case, can Mary sue for breach of copyright? Are the contents of her blogs her property?
It is a pretty unlikely situation, I know Any decent writer worth their salt probably isnt going to be saving their work on the WWW, but I was just curious....
If it's been downloaded by some scrupulous profiteer, then yes, I'd say so. Even if it was Pete and me, like Greg says, it would be a tough call and would hang together with whether the copyright is in fact considered licensed or assigned (lawyer food basically). I'd think this clause covers allowing us to do so, but again, I really doubt this situation is ever going to occur since we have no interest in this. If we did decide to do something like this, we'd definitely ask for permission again.... the whole butt covering thing
10.2 By submitting material and content to our site, you are granting Travellerspoint a non-exclusive, royalty-free, non-terminable licence right to copy, modify, show in public and create derivative works
from that material in any form, anywhere.
There are a couple of issues here:
1. Determining the relevant legal framework in relation to copyright law, telecommunications law, online broadcasting law, etc. Some of the issues include identifying the location of the limited liability company that runs the web site, the location of the server or servers that form part of the infrastructure of the site (important as this is where the data is located), the location of the person posting to the website, and others. Which legal jurisdiction applies?
2. Enforcing the remedies. Okay, you have a gripe, you are legally in the "right" - now try doing something about it!
Quoting Sam I Am
creative commons/copyleft license as of late (see, we're not so bad )... how does that work if for example someone submits something to wikipedia and then decides a month later that they want it removed.
In the case of wikipedia, they just remove it because they can edit whatever page they want. Of course then someone else would probably just add it back if it were useful.
But in your case, it would all depend on which creative commons license you use. Generally speaking if your posters originally post under a commons license with a "share and share alike clause",you as the owner of the board have same right the right to use the text as ANYBODY ELSE. You can put it up on your website, but you'll have to put it up under the creative commons license as well. Share and share alike. If you publish a book, the book would need to also be under a creative commons license. It's also possible to have a licensing model that GUARANTEES that neither you, nor anybody else will be able to profiteer off of your members' work without their permission, or their getting their fair cut.
I'd read more at the creative commons website. It's all explained there much better than I could ever do.
I must admit that this entire topic seems pretty moot to me: if you agree to post on the Web and make your comments public, you'd better have settled the issue of copyright in your mind already. Plagarism abounds (just think back to high school!), so you run the risk of someone copy/pasting your incredible post about travel blisters or where not to stay in Paris and using that in their own travel book.
I've seen people on this very site (gasp!!!!) copy/paste stuff straight off the Web and claim (or infer) it as their own. No site is immune. S&P are, in my opinion, incredibly thorough in their construction and maintenence of TP - but the Web is the Web, and it has its own, always shifting set of rules. If you don't like it, you simply don't have to post.
Quoting Sam I Am
10.2 By submitting material and content to our site, you are granting Travellerspoint a non-exclusive, royalty-free, non-terminable licence right to copy, modify, show in public and create derivative works from that material in any form, anywhere.
Of course, it should be noted that this works both ways. If I as the author want to publish something I have posted here, I can't turn around and sue TP for trampling on my copyright. So I can create a book of all my postings and charge $29.95 for it ($39.95 in Canada), but anyone with a computer can come here and find them for free.
Just in case anyone was thinking of posting something that they planned to publish for a fee later...