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Songwriters Rights Violated On The Internet - IntelLoc Songwriters-Only
Website May Provide Solution
A new songwriters' website, intelLoc.com, aims to help Songwriters,
Composers and Authors of 'Intellectual Property' to prevent misuse and
the blatant theft of their copyright materials on the World Wide Web.
Controversial 'End User Licence Agreements' used by many websites are
causing concern by potentially infringing upon Songwriters' copyrights
by simply clicking the 'Accept' box when joining a website, Email
service or loading a song onto the 'net.
We've all done it. We're all guilty
These very 'T&Cs' very often contain clauses and 'Conditions of Use'
that only a fool would agree to - conditions that actually, potentially
breach the user's copyrights. Most songwriters, composers and authors
are blissfully unaware of the risks they're taking on their own PC or
Laptop when they 'automatically' accept 'Terms and Conditions'
The Internet can be a dangerous place for songwriters and composers.
Most don't realise that these one-sided 'Terms and Conditions of Use'
are legally-binding Contracts. They can be absurdly abusive to the user.
Any Lawyer or Attorney would strenuously advise a client against
foolishly and naïvely agreeing to such preposterous - and potentially
dangerous - legal agreements
The Internet is a risky place to leave songs lying about
Social Networking sites and Search Engines are there for everyone's
convenience and enjoyment - and they're there to make billions in
profits for their owners or shareholders, which they do. What would be
no more than a cheeseburger and a Coke to Google would be ten years'
income to the average songwriter. And those shareholders like
cheeseburgers and Coke like anybody else...
Scots musician and songwriter, Norman MacLeod, has launched a new
Internet site for songwriters. intelLoc.com allows songwriters,
composers and musicians to copyright their music and songs instantly,
on-line and establish full ownership of their material before subjecting
it to the contentious T&Cs of most websites and rearch engines.
"We've all done it. We're all guilty," says Norman. "We open a webpage,
or join an on-line community, or download a program. At the bottom, it
says 'I Accept the Terms and Conditions', or we have to click a box '...
to accept the Terms and Conditions.' But who takes the time to wade
through pages of boring legalese of the 'T&Cs'? We just want to get to
the next page, download the program or 'join the club.
"These very 'T&Cs' very often contain clauses and 'Conditions of Use'
that only a fool would agree to - conditions that actually, potentially
breach the user's copyrights. Most songwriters, composers and authors
are blissfully unaware of the risks they're taking on their own PC or
Laptop when they 'automatically' accept 'Terms and Conditions' ".
Taking Facebook as an example out of hundreds, if not thousands of these
websites where songwriters and authors post their work; by using this
site, the writer agrees to grant to Facebook - '....an irrevocable,
perpetual, non-exclusive, transferable, fully paid, worldwide licence
(with the right to sublicence) to use, copy, publicly perform, publicly
display, reformat... and to grant and authorise sublicences of the
foregoing.'
Or by using Yahoo! '... you grant Yahoo! the following worldwide,
royalty-free and non-exclusive license(s), as applicable: audio or
video... the license to use, distribute, reproduce, modify, adapt,
publicly perform and publicly display such Content on the Yahoo!
services...'
Everybody's favourite aunt, the all-powerful Google insists that 'By
submitting, posting or displaying the content you give Google a
perpetual, irrevocable, worldwide, royalty-free, and non-exclusive
licence to reproduce, adapt, modify, translate, publish, publicly
perform, publicly display and distribute any Content which you submit,
post or display on or through, the Services.'
If a songwriter or author was to be presented with such an unevenly
biased - if not totally biased -contract, would he or she sign it
without question? Unless he or she was nuts - and most aren't - it's
highly unlikely.
While it may be argued that Internet Websites and Social Networking
sites are used 'at the user's risk' or that these sites have no
intention of breaching the Songwriter/Author's copyrights, one fact
remains: 21st Century, Internet-empowered Songwriters and Authors may
well be riisking a lot by effectively 'publishing' their work on
websites - in what is now the Public Domain, before having established
their own, definitive copyright.
"The Internet can be a dangerous place for songwriters and composers.
Most don't realise that these one-sided 'Terms and Conditions of Use'
are legally-binding Contracts. They can be absurdly abusive to the user.
Any Lawyer or Attorney would strenuously advise a client against
foolishly and naïvely agreeing to such preposterous - and potentially
dangerous - legal agreements," adds Norman.
"Yet Songwriters and Authors blithely publish their material on these
sites every day in the mistaken belief that adding the words 'Copyright
by...' or the now-defunct '©' sign is their protection - while for some
years past, it has been of no value at all except in the USA. On the
Internet, it's now defunct and of no value legally. Creative people need
to take more care than ever before when they use the 'net."
The latest figures available prove that copyright theft ran to a
staggering 58 Billion dollars in the USA alone - over 6.6 million per
hour - in 2007, and the trend is on the increase, as 2008 figures are
going to show.
Modern songwriters and authors are increasingly becoming aware of the
need to make sure that they hold definitive, common law, 'prima facie'
proof at the very least, something to demonstrate conclusively that they
published and thereby copyrighted their work correctly before posting
their work on these public websites, whether for profit or glory.
"The Internet is a risky place to leave songs lying about," Norman
observes. "Social Networking sites and Search Engines are there for
everyone's convenience and enjoyment - and they're there to make
billions in profits for their owners or shareholders, which they do.
What would be no more than a cheeseburger and a Coke to Google would be
ten years' income to the average songwriter. And those shareholders like
cheeseburgers and Coke like anybody else..."
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