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Visit Edward Sebastian's column >>

EDWARD SEBASTIAN

A reader first, a writer second.
Articles Posted: 21  Links Seeded: 42
Member Since: 1/2006  Last Seen: 1/28/2008

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Put a Seed Newsvine link on your own site

This is © Edward Sebastian and that means nothing

Mon Jun 12, 2006 11:19 PM EDT
technology, newsvine, copyright, edward-sebastian
By Edward Sebastian
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You retain all copyright to all original User Content you submit to the Site. By transmitting or submitting User Content to the Site, you hereby (a) grant Newsvine a non-exclusive, irrevocable, royalty-free, perpetual and fully sublicensable and transferable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such User Content in any media, now known or hereafter devised; and (b) grant Newsvine, its affiliates and sublicensees the right to use the name, identifier, or any portion thereof, submitted in connection with such User Content, if they so choose.
- Newsvine User Agreement

Now don't skim over that quote. Read all of it. Now really, look back up there and read it. I'm stopping the paragraph now.

Smart-ass

OK, now you either read it or are a smart-ass and jumped ahead. Probably the latter.

What this clause means

You retain the copyright to your words on this site, but it doesn't mean bollocks. You retain the copyright in the same way that a photographer retains copyrights when a newspaper buys his photo. That is to say, it's meaningless. It's not a joint copyright (and thank goodness, because those are hairy). Nope. You're giving Newsvine your words' soul (or souls, depending on the spirituality of them). Words include comments, articles, user pictures, pictures in articles, and even votes. That is to say, everything.

All of my words in this article could be used to be printed in a newspaper, magazine, affiliate site, TV, or wherever Newsvine wants. Next thing I know, I'll be buying toilet paper rolls and find quotes from Edward Sebastian throughout in nice, green serif type. Or maybe I'll see my witty words pasted on the side of cereal boxes, next to an Olympic athlete who nobody knows or a sweaty, stringy-haired Nascar driver. Could be I'll find my currently-rainbow-outlined mug on the side of a mug. Earlier today, I could have sworn I saw somebody flying a flag out their window with "Long live Sebastian" on the side, next to a handy but sadly unclickable URL to my column.

Newsvine does not specifically own the copyright to your words. What they do own, however, is everything that matters about a copyright, all actions and legal clauses associated with a copyright; this is also known as a Full License. It's everything a copyright is except in name. You can re-publish wherever you wish and license it to people and maybe get paid for submitting to a magazine or newspaper and earn recognition. So can Newsvine.

Don't waste your pixels

I've seen a lot of authors around here putting little copyright notices in their bios and in footers of their articles. As the clever title so aptly states, don't waste your pixels.

Firstly, you don't need a copyright statement to legally claim a work as yours. It can be helpful in small claims, but is not necessary.

Secondly, your copyright doesn't mean much if Newsvine can do whatever it wants with it. By posting articles here, you are also giving them the right to sublicense. The right to sublicense means that really, your copyright means what the ancient Mayans of Central Latin America of prehistoric times labeled importantly as: zilch. Your article could appear next to a photo of Pope Benedict XVI in the next Catholic Standard magazine. Or maybe you'll see it in the tabolids next to Britney Spears and K-Fed after their eleventh baby. Life magazine isn't going to contact you to pay you $1 million for your scoop photos of Angelina Jolie's helium-inflated lips. No, they go to Newsvine.

What I do about it

I don't publish anything on Newsvine except quick commentary and articles that I wouldn't mind being sublicensed. Mainly editorial-type articles. All serious content and writing that I spend a considerable amount of time on I will send to magazines or newspapers that give a little more room copyright-wise.

This has prevented me in the past from publishing what I really think are some darn good articles. Is that bad? Well, yes. I love Newsvine a heckuva lot. I'd love to grow Newsvine, contribute excellent content, give them publicity, etc. I'm sure if the Newsvine staff tracks my perusement of this website, they'd all be quite happy with what a passionate user they've got. I'm sure my big brother Calvin knows (kidding, kidding...).

I've tried to get all my friends to sign up, even the less tech-savvy ones. I come here regularly for the wonderful content which can be found throughout the vine. I have come across some eloquent, well-spoken, and well-educated writers here that I would never have found otherwise. But the fact remains that I pretty much have no control over my words once they're published here. And frankly, as much as I've wanted to publish certain articles on here, that has prevented me from doing so.

Am I asking Newsvine to change? Am I being a whiner-baby? No. I think this is a very important matter and one which should be highlighted for all authors on the Vine. If you become aware of it and are still OK with it, cool! But I think it's much better to be aware of this sort of thing and make a conscious decision before you see your face next to Jennifer Aniston on People giving the dirt on your latest celebrity break-up.

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  • Public Discussion (11)
Adam Hobson

The © does protect you against innocent infringement:

if a proper notice of copyright appears on the published copy or copies to which a defendant in a copyright infringement suit had access, then no weight shall be given to such a defendant's interposition of a defense based on innocent infringement in mitigation of actual or statutory damages, except as provided in section 504(c)(2) of the copyright law. Innocent infringement occurs when the infringer did not realize that the work was protected.

However, if you really believe you have created a valuable work, the best bet is to register it with the Copyright Office whereby you will be granted extra protections and privileges:

  • Registration establishes a public record of the copyright claim.
  • Before an infringement suit may be filed in court, registration is necessary for works of U. S. origin.
  • If made before or within 5 years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.
  • If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney's fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.
  • Registration allows the owner of the copyright to record the registration with the U. S. Customs Service for protection against the importation of infringing copies. For additional information, go to the U.S. Customs and Border Protection website at www.cbp.gov/xp/cgov/import. Click on "Intellectual Property Rights."

Emphasis mine | source

I find it enjoyable and education just to browse around on that site just to get the basics of how copyright works, especially since we, as Edward Sebastian points out, are basically giving away our copyright to newsvine. I do not mind this so much, because as of this time there is little else that I would do with my writings, and I consider this a fair trade for the public exposure and eventually a bit of that ad revenue here and there.

  • 6 votes
Reply#1 - Tue Jun 13, 2006 12:25 AM EDT
Corey Spring

This too, has been addressed before, though not directly.

If you really think that you are going to

see your face next to Jennifer Aniston on People giving the dirt on your latest celebrity break-up.

and you don't want that, or it's a bad thing, or that it's incredibly likely or whatever and you find it to be a detrimental issue, by all means, don't contribute here.

Newsvine is not out to do you some great evil, they are using legalese to cover their butts, so to speak. If Newsvine screws someone over on an exclusive scoop or the like, as you describe, guess what? People will know about it, someone will write about it, and people will leave. Because NV is a democracy.

  • 3 votes
Reply#2 - Tue Jun 13, 2006 1:34 AM EDT
Adam Hobson

This too, has been addressed before, though not directly.

If I had not just read your comments on languages on newsvine, I would wonder what the too was in reference to ;-)

  • 2 votes
#2.1 - Tue Jun 13, 2006 1:45 AM EDT
Edward Sebastian

Newsvine is not out to do you some great evil

Oh, I know. I just thought it would be good to highlight. Personally I am very protective over the copyright of my works as I dabble in professional writing. It just doesn't make sense for me to hand it over.

And you know what else? I got to write an article and use my name and toilet paper in conjunction. That just rocks.

  • 3 votes
#2.2 - Tue Jun 13, 2006 7:14 AM EDT
Reply
kevinb66

Everything I have to say is a boat load of crap anyway. If Newsvine can make some money off of my incoherent ramblings then more power to them. Unless of course someone likes my drivel and wants to pay me for it, then I'll go Hollywood baby!

  • 6 votes
Reply#3 - Tue Jun 13, 2006 3:32 AM EDT
Adam Hobson

I would pay a good 2 or 3 cents to hear what you have to say ;-)

    #3.1 - Tue Jun 13, 2006 9:17 AM EDT
    Reply
    MrMunson

    Thanks for writing this article, especially for a relative newcomer to Newsvine as myself. I'm sure it comes as no surprise that I didn't literally read through all the text during the registration process. And I don't believe that I am the only one who didn't.

    Kudos for the article mate!

    • 1 vote
    Reply#4 - Tue Jun 13, 2006 9:31 AM EDT
    Captain Nemo

    OK, now you either read it or are a smart-ass and jumped ahead. Probably the latter.

    Who are you calling a smartass? I've read it long ago, so I didn't have to read it all over again to understand your article, did I ;)

    • 4 votes
    Reply#5 - Tue Jun 13, 2006 12:48 PM EDT
    Edward Sebastian

    Hehe, well, I'm always the smart-ass so I thought I'd throw in the extra roadblock for fellas like me. ;-) I read it when I came into Newsvine and have actually been wanting to write this up for ages. I guess it slipped my mind for a while.

    I do wonder especially what sort of thoughts a prolific contributer such as yourself might have. You've got over a hundred articles (all meticulously researched) and over a thousand seeds. Does it bother you at all that all of that hard work isn't really yours?

    • 3 votes
    #5.1 - Tue Jun 13, 2006 12:53 PM EDT
    Captain Nemo

    Oh, and Newsvine can make money for my articles, but they'd have to print it. And while I don't think my writing on Newsvine is second rate, I do suspect a lot of papers would consider this outspoken opinions unfit for print. So, if they went ahead and exploited me, I would probably gain actual fame, which would compensate for my current loss, and my ideas would be even more widely distributed.

    Also, I am an open source thinker. I haven't paid good buck for all the thoughts and ideas that inspired me, so I'll share my creativity with others free of charge. This is the spirit of the blogosphere and why the blogosphere is growing more powerful than the free press.

    I even have a scheme for making money on your column that I intend to share, free of charge. That one was a teaser, so feel free to report me for advertising. But the surveillance software I've installed will tell me who you are, and automatically block you from viewing the article, and you'll miss out on all the tips and tricks.

    • 8 votes
    #5.2 - Tue Jun 13, 2006 12:55 PM EDT
    Captain Nemo

    The above reply was written in response to telepathically receiving Edward Sebastian's question, not as a reply to his written comment. I only say this so you understand why I begin with "Oh, and..."

    • 2 votes
    #5.3 - Tue Jun 13, 2006 12:59 PM EDT
    Reply
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