After reading the description of the licensing terms, I've got some questions about the "Usage" and "Unique" licenses.
It's not clear to me just what the terms mean in the context of web publishing.
For the Usage license:
Is there a time limit on how long the article may appear on a web site? (I gather there is not.)
To whom or what is the article licensed? If purchased by an individual, may it be placed only once on one
web site? (I think so.) Is it clear that the individual may not use it on more than one site? Does the author
learn the site to which his article has been licensed? (I gather not.) If purchased by a business entity, may it be
used on any single site run by that business? (I'll forgo here the discussion of exactly what constitutes a web site.)
Do any derivative rights accompany a usage license? For example, may the article be translated to another language? (I
gather not.)
For the Unique license, the terms state that the licensee buys the content for exclusive use, and "must not sell or give the content away".
(There's no such prohibition for the Usage license, although I presume it is implied.) I find this unclear: may I use the article on a site for which I charge a
usage fee, or in a printed publication which I sell? Is the "must not sell" prohibition really a prohibition against re-licensing the
content?
Does anyone (author or C-C) have responsibility and authority for policing and enforcing these terms?
Licensing question
Moderators: Celeste Stewart, Ed, Constant
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jadedragon
- Posts: 699
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Re: Licensing question
For the Usage license:
Is there a time limit on how long the article may appear on a web site? (I gather there is not.)
A: No time limit
To whom or what is the article licensed? If purchased by an individual, may it be placed only once on one
web site? (I think so.) Is it clear that the individual may not use it on more than one site? Does the author
learn the site to which his article has been licensed? (I gather not.) If purchased by a business entity, may it be
used on any single site run by that business? (I'll forgo here the discussion of exactly what constitutes a web site.)
A: I understand it is licensed to the buyer to use - whoever the buyer is. Some articles get used in print (I just saw one) and others in newsletters, emails, etc. If used on the web, you can go search it. Authors are not told who bought the license.
Do any derivative rights accompany a usage license? For example, may the article be translated to another language? (I
gather not.)
A: Don't know but I doubt much gets translated from here. Obviously web users can translate with online tools.
For the Unique license, the terms state that the licensee buys the content for exclusive use, and "must not sell or give the content away".
(There's no such prohibition for the Usage license, although I presume it is implied.) I find this unclear: may I use the article on a site for which I charge a
usage fee, or in a printed publication which I sell? Is the "must not sell" prohibition really a prohibition against re-licensing the
content?
A: Remember that the Unique License requires that the buyer not change the article and that the by line stays in place. If the buyer gave away the article they would have a hard time enforcing the unique license requirements. Unique licenses are not very common in sales here.
Does anyone (author or C-C) have responsibility and authority for policing and enforcing these terms?[/quote]
A: The author owns all rights not sold and is responsible to protect their interests. CC is very helpful though.
Is there a time limit on how long the article may appear on a web site? (I gather there is not.)
A: No time limit
To whom or what is the article licensed? If purchased by an individual, may it be placed only once on one
web site? (I think so.) Is it clear that the individual may not use it on more than one site? Does the author
learn the site to which his article has been licensed? (I gather not.) If purchased by a business entity, may it be
used on any single site run by that business? (I'll forgo here the discussion of exactly what constitutes a web site.)
A: I understand it is licensed to the buyer to use - whoever the buyer is. Some articles get used in print (I just saw one) and others in newsletters, emails, etc. If used on the web, you can go search it. Authors are not told who bought the license.
Do any derivative rights accompany a usage license? For example, may the article be translated to another language? (I
gather not.)
A: Don't know but I doubt much gets translated from here. Obviously web users can translate with online tools.
For the Unique license, the terms state that the licensee buys the content for exclusive use, and "must not sell or give the content away".
(There's no such prohibition for the Usage license, although I presume it is implied.) I find this unclear: may I use the article on a site for which I charge a
usage fee, or in a printed publication which I sell? Is the "must not sell" prohibition really a prohibition against re-licensing the
content?
A: Remember that the Unique License requires that the buyer not change the article and that the by line stays in place. If the buyer gave away the article they would have a hard time enforcing the unique license requirements. Unique licenses are not very common in sales here.
Does anyone (author or C-C) have responsibility and authority for policing and enforcing these terms?[/quote]
A: The author owns all rights not sold and is responsible to protect their interests. CC is very helpful though.
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janewinstead
- Posts: 46
- Joined: Mon May 07, 2007 9:45 pm
- Location: Hercules, California
Re: Licensing question
My understanding of "usage" is a buyer may buy an article "for use only" and the author retains all rights including credit when posted on the buyer's website. I just discovered an article I wrote that sold for usage on someone's website with his name as the author. It is verbatim my exact article including the title. Can someone explain?
Re: Licensing question
Yep, the second site stole it. Maybe they stole it from here, but more likely they stole it from the person who bought the article for usage rights.
Go back to the site that isn't crediting your content to you and send an email explaining who you are and where the content was originally posted at C-C. Provide the C-C URL. Ask them to please go to C-C and purchase rights to use the article or take it down immediately. If it's a blog, leave a comment on the article with the same information so everyone can see that you're dealing with a content thief.
Give the offending site a week to take it down. If they don't, email C-C support and explain where the article is posted and what you've done to try to remedy the situation. C-C support might contact the site's host or might contact Google AdWords if it's a commercial site.
Good luck! Stolen content happens as often as a common cold, and it's just as irritating.
Go back to the site that isn't crediting your content to you and send an email explaining who you are and where the content was originally posted at C-C. Provide the C-C URL. Ask them to please go to C-C and purchase rights to use the article or take it down immediately. If it's a blog, leave a comment on the article with the same information so everyone can see that you're dealing with a content thief.
Give the offending site a week to take it down. If they don't, email C-C support and explain where the article is posted and what you've done to try to remedy the situation. C-C support might contact the site's host or might contact Google AdWords if it's a commercial site.
Good luck! Stolen content happens as often as a common cold, and it's just as irritating.
Re: Licensing question
This is why I prefer to sell for full rights...out of sight, out of mind!
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janewinstead
- Posts: 46
- Joined: Mon May 07, 2007 9:45 pm
- Location: Hercules, California
Re: Licensing question
I tried to email the healthguidance.org site. It was returned undeliverable. Below is verbatim the way I composed the email and the email address I used <www.admin@healthguidance.org> :
"I may be contacting the wrong department at http://www.admin@healthguidance.org. If so please forward this email to the proper person. I have just discovered that one of your authors JASON LADOCK has posted an article I wrote and is using his byline on that article. I wrote and posted an article "One of the Nicest Things Someone Ever Did for Me" about an incident from my childhood on Constant Content "for use only" It is now posted on the Health Guidance website with his byline:
http://www.healthguidance.org/entry/940 ... or-Me.html
As I said, the article was on Constant Content to be sold "for use only." It is my understanding that if someone purchases an article "for use only" from Constant Content the orignal author must be credited.
I would ask that you look into this and provide me an explanation. If Jason Ladock has used his byline on my article illegally, please remove it from your website and notify me that it has been removed. I would appreciate it if you would provide me with any information you might have so I can follow through with this.
I look forward to hearing from you.
Jane Winstead
janie1127@comcast.net"
THANK YOU FOR YOUR HELP
"I may be contacting the wrong department at http://www.admin@healthguidance.org. If so please forward this email to the proper person. I have just discovered that one of your authors JASON LADOCK has posted an article I wrote and is using his byline on that article. I wrote and posted an article "One of the Nicest Things Someone Ever Did for Me" about an incident from my childhood on Constant Content "for use only" It is now posted on the Health Guidance website with his byline:
http://www.healthguidance.org/entry/940 ... or-Me.html
As I said, the article was on Constant Content to be sold "for use only." It is my understanding that if someone purchases an article "for use only" from Constant Content the orignal author must be credited.
I would ask that you look into this and provide me an explanation. If Jason Ladock has used his byline on my article illegally, please remove it from your website and notify me that it has been removed. I would appreciate it if you would provide me with any information you might have so I can follow through with this.
I look forward to hearing from you.
Jane Winstead
janie1127@comcast.net"
THANK YOU FOR YOUR HELP
Re: Licensing question
Your letter was highly respectful. Good on ya.
It looks like that site has been dumped by its originators and left to run in hopes of AdWords clicks. Contact C-C support to find out if there's anything they can do to complain to Google--Google hates spammers, or so they say, and can disable AdWords accounts in a heartbeat.
I wish it could have been smooth for you... Keep us in the loop.
It looks like that site has been dumped by its originators and left to run in hopes of AdWords clicks. Contact C-C support to find out if there's anything they can do to complain to Google--Google hates spammers, or so they say, and can disable AdWords accounts in a heartbeat.
I wish it could have been smooth for you... Keep us in the loop.
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janewinstead
- Posts: 46
- Joined: Mon May 07, 2007 9:45 pm
- Location: Hercules, California
Re: Licensing question
Thanks I will. I sent a second email demanding they remove the article or that Jason Ladock go to CC and purchase the article for usage. Am I correct that when an article is purchased for usage the author retains all rights including the byline?
I appreciate your help.
I appreciate your help.