This excerpt from the MySpace Terms and Conditions has been floating about the place, grabbed in this instance from the Resonance FM blog where they say “once an artist posts up any content (including songs), it then belongs to My Space (AKA Rupert Murdoch) and they can do what they want with it throughout the world without payng the artist.”
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.
I’ve got no desire to be an apologist for Murdoch and wish with all my heart that a better service than MySpace had won the music-social-network game, but I’d really like some clarification on this, specifically the bit I’ve emphasized above.
Doesn’t “on and through the Services” just allow MySpace to turn your uploaded mp3 into a Flash Audio file (modify, adapt, translate) and make it available (publicly perform, publicly display, store, reproduce, transmit, and distribute) throughout MySpace? Isn’t this just the standard disclaimer for such things? Yahoo, which includes Flickr, has the same thing in their T&Cs (about halfway down). Does that mean they “own” my photos, regardless of what copyright or license I’m attached to them?
Of course not. I own my photos, but by utilising Flickr’s service I grant them licence to edit and reproduce my images within the service on search pages, aggregated pages and so on. This is what makes Flickr work. It’s also what makes MySpace work. That any random MySpace user is able to embed a song in their profile without asking permission first is enabled by this piece of clunky legal speak which I’m sure you’d find on any service that allows people to upload their own copyrighted work.
That last bit, “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” looks more disturbing, but probably isn’t. I assume this means the nature of their backup system is such that when you delete a song it will be some time before it’s completely eradicated from their system, if at all, and so should MySpace continue to stream that song (say on a user’s page that’s running from a backup) after you’ve removed it then they’re still covered.
Again, I’d really like for MySpace to screw up in this way and for everyone to boycott them allowing something better to take it’s place, but I have serious doubts as to whether this is the thing.
These things, while they should be studied deeply, are generally written from the point of view of “how can we not get sued” rather than “how can be screw our customers.” Murdoch doesn’t want your songs - he wants to sell advertising on top of your songs.
But hey, I’m not a lawyer. Can someone get a lawyer to look at this before everyone goes off half-cocked?