As we have already reported to you our community has concerns about the re-launched Myspace service. AIM, our UK colleagues, have highlighted concerns about the rights and conditions being requested by Myspace. Every one of our A2IM members have their own business plans for promotion and monetization and should always do what is in the best interests of their individual business’. That said please be aware of these terms and conditions MySpace is requiring before entering into a transaction with Myspace as follows:
“Clause 6. Proprietary Rights in Content on MySpace
6. Proprietary Rights in Content on MySpace
6.1. Myspace does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you transmit, submit, display or publish (“post”) on, through or in connection with the Myspace Services. After posting your Content on, through or in connection with the Myspace Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By posting any Content on, through or in connection with the Myspace Services, you hereby grant to Myspace a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on, through or in connection with the Myspace Services, including, without limitation, through the Myspace Services to applications, widgets, websites or mobile, desktop or other services which are linked with your Myspace account (collectively, “Linked Services”), including, without limitation, distributing part or all of the Myspace Services and any Content included therein, in any media formats and through any media channels, except that Content marked “private” will not be distributed by Myspace outside the Myspace Services and Linked Services. This limited license does not grant Myspace the right to sell or otherwise distribute your Content outside of the Myspace Services or Linked Services. After you remove your Content from the Myspace Services we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside of the Myspace Services, you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside of the Myspace Services as soon as practicable after you make the change. Notwithstanding the foregoing, you understand and agree that once Content is distributed to a Linked Service or incorporated into other aspects of the Myspace Services, Myspace is under no obligation to delete or ask other Users or a Linked Service to delete that Content, and therefore it may continue to appear and be used indefinitely.
6.2. The license you grant to Myspace is non-exclusive (meaning you are free to license your Content to anyone else in addition to Myspace), fully-paid and royalty-free (meaning that Myspace is not required to pay you or anyone else deriving rights from you for the use on the Myspace Services of the Content that you post), sublicensable (so that Myspace is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Myspace Services), and worldwide (because the Internet and the Myspace Services are global in reach).“
