Never-Ending Rights Grabs

Gosling in Pond1. While reportedly popular last year, the ElfYourself.com program takes an overly-broad license beyond that needed to perform its services:

. . . you hereby grant to Operators [OfficeMax and JibJab] a worldwide, royalty-free, non-exclusive license to do the following things in perpetuity. . . to display, copy, reproduce, create derivative works of, edit, alter, exhibit, publicly perform, broadcast, rebroadcast, transmit, retransmit, promote, distribute through any means (including electronic, analog and digital), and publish and/or otherwise exploit, in digital or physical form, any or all of the User Materials [that includes your copyrights and likenesses] . . . by any and all means in all media now known or hereinafter created, anywhere in the world, and for any purpose . . . . .
You acknowledge and agree that all right, title and interest (including, without limitation, copyright, trademark and other intellectual property rights) in and to any and all content, elements and materials created by or for Operators incorporating all or any portion of the User Materials will be exclusively owned and controlled, as between you and Operators, by Operators.

 

2. The terms and conditions that you agree to when submitting content for The Daily Show is no laughing matter:

 

In connection with all User Content you submit using the User Content Submission Features, you grant to Comedy Central, the Parent Companies and the Affiliates, the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your User Content on the Site and any other channels, services, and other distribution platforms, whether currently existing or existing or developed in the future, of Comedy Central, the Parent Companies and the Affiliates (collectively, the “Platforms”), for any purpose whatsoever (including, without limitation, for any promotional purposes) without accounting, notification, credit or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to Comedy Central, the Parent Companies and Affiliates , in our sole discretion. [The remainder of the license continues with additional rights grabs.]

3. Scott Doctor reported on the Model Mayhem Terms and Conditions dispute.

4. On a related note, Pilfered Magazine‘s content is “visuals pilfered from the web to share with one another.”  Note that acknowledgement of the creator of a copyrighted work does not relieve potential legal liability for infringement.

Thanks to Paul Velgos, Rex Lisman, and David Sanger for submitting these topics.

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