Legal Question About Myspace.com

[Norcal_GIT_r]

Have any of you folks read the terms of use to myspace. Mainly pertaining to posting YOUR music on the site. I read it as if I post my music to myspace by doing so I have granted them a royalty free lisence to do whatever they want with my material. including sub lisencing. There's even a little clause stating if you delete your posted music and they(myspace) has a copy on thier server, anywhere, they will retain the unlimited lisence.

 

Any lawyers on here care to read the terms and give some legal insite on this.

It seems if you happen to have a possible hit song or CD you dont want it anywhere near myspace.

 

Here is a copy and paste of the cluase in the terms. Taken from http://viewmorepics.myspace.com/misc/terms.html?z=1

 

"

 

1. Proprietary Rights in Content on MySpace.com.

1. By displaying or publishing ("posting") any Content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, "Content") on or through the Services, you hereby grant to MySpace.com, a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Services. This license will terminate at the time you remove such Content from the Services. Notwithstanding the foregoing, a back-up or residual copy of the Content posted by you may remain on the MySpace.com servers after you have removed the Content from the Services, and MySpace.com retains the rights to those copies. You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Services."

 

I'd like to know what you think of this?

[Brian Krashpad]

No, they're just covering their asses so as not to get sued by posting musicians. Their right to your music is limited to what you put up on the Service and their use of it as part of your page. The backup thing is just so they can't be sued for having stored it, once you take it off your site their right to use it as part of your page is gone.

 

BK

 

"Counsel to the Punk Rock Pantheon" (sm)