Concerning Intellectual property

[thrall]

Concerning Intellectual property


I have read the site forum guidelines and the forum rules that you must agree to when joining the library very carefully……and am concerned and very curious about what has been posted in the new reference center.

Concerning Intellectual property

As stated when you agree to join…


Forum Rules
Registration to this forum is free! We do insist that you abide by the rules and policies detailed below. If you agree to the terms, please check the 'I agree' checkbox and press the 'Register' button below. If you would like to cancel the registration, click here to return to the forums index.
Although the administrators and moderators of BDSM Library Bondage And BDSM Adult Forums will attempt to keep all objectionable messages off this forum, it is impossible for us to review all messages. All messages express the views of the author, and neither the owners of BDSM Library Bondage And BDSM Adult Forums, nor Jelsoft Enterprises Ltd. (developers of vBulletin) will be held responsible for the content of any message.
By agreeing to these rules, you warrant that you will not post any messages that are personal attacking, hateful, threatening, privacy revealing, or otherwise violative of any laws.
The owners of BDSM Library Bondage And BDSM Adult Forums reserve the right to remove, edit, move or close any thread for any reason.


No where does it mention that your posts become library property….


As posted in reference center under "who am I" in the sticky called "Start a blog of your journey in BDSM!"

http://www.bdsmlibrary.com/forums/showthread.php?t=16079



Formatting your blog: Your blog must be titled to include your BDSMLibrary user name. Please carefully construct your entries--once posted, they become property of the BDSMLibrary.


No where in the forum guidelines for posting does it state that posts become the property of the library.

http://www.bdsmlibrary.com/forums/showthread.php?t=12771


When and where did this policy change?


Does this new rule apply to only blogs??


How and where do stories, poetry, and general posts, fall into/under this new rule?



I will assume that all posts made before this new rule do not fall under this new rule...........And the author retains all rights to his work....



Thanks
thrall







.

[Chuckdom19]

We had this same discussion when the current owner first bought the Library, three yeas or more ago. It went nowhere.

The policy hasn't changed (although there have been some exceptions made for commercial writers who later sold a story which had been partly shared here) since the ownership change.

Thrall, the stories are also included in the rule. Good luck!

[gemmy]

I wondered the same when I read that earlier today too.

If it's a reality, I'm thinking less stories will actually be published around here :( My story is my own creation and property and if I'd thought for one second that posting it here released all my rights to it, I wouldn't have contributed.

As pointed out, I'm assuming that this new rule is only from the here on out and not inclusive of what's already been posted and submitted.

[thrall]

We had this same discussion when the current owner first bought the Library, three yeas or more ago. It went nowhere.

The policy hasn't changed (although there have been some exceptions made for commercial writers who later sold a story which had been partly shared here) since the ownership change.

Thrall, the stories are also included in the rule. Good luck!


hi

and what "policy" or "rule" is that....and where is it posted????

[thrall]

Just as my stories and poetry are my .......Intellectual property

[John56{vg}]

Yes, I am assuming that this will limit posting of poems and stories. I know I wouldn't post anything now, knowing that they suddenly become the library's property.

Not a good idea.

[Chuckdom19]

I wondered the same when I read that earlier today too.

If it's a reality, I'm thinking less stories will actually be published around here :( My story is my own creation and property and if I'd thought for one second that posting it here released all my rights to it, I wouldn't have contributed.

As pointed out, I'm assuming that this new rule is only from the here on out and not inclusive of what's already been posted and submitted.

The sad fact is, that is the same thing which was stated years ago... and the floodgates of stories have not closed. Although some really good writers no longer post here for just that particular reason. To the detriment of the site's overall quality, I'm afraid.

[babypup]

what? *grabs notebook* i dont want my poems to belong to someone else!

[Widget]

Concerning Intellectual property


I have read the site forum guidelines and the forum rules that you must agree to when joining the library very carefully……and am concerned and very curious about what has been posted in the new reference center.

Concerning Intellectual property

As stated when you agree to join…


Forum Rules
Registration to this forum is free! We do insist that you abide by the rules and policies detailed below. If you agree to the terms, please check the 'I agree' checkbox and press the 'Register' button below. If you would like to cancel the registration, click here to return to the forums index.
Although the administrators and moderators of BDSM Library Bondage And BDSM Adult Forums will attempt to keep all objectionable messages off this forum, it is impossible for us to review all messages. All messages express the views of the author, and neither the owners of BDSM Library Bondage And BDSM Adult Forums, nor Jelsoft Enterprises Ltd. (developers of vBulletin) will be held responsible for the content of any message.
By agreeing to these rules, you warrant that you will not post any messages that are personal attacking, hateful, threatening, privacy revealing, or otherwise violative of any laws.
The owners of BDSM Library Bondage And BDSM Adult Forums reserve the right to remove, edit, move or close any thread for any reason.


No where does it mention that your posts become library property….


As posted in reference center under "who am I" in the sticky called "Start a blog of your journey in BDSM!"


As posted in reference center under "who am I" in the sticky called "Start a blog of your journey in BDSM!"


Quote:
Originally Posted by delia View Post
Formatting your blog: Your blog must be titled to include your BDSMLibrary user name. Please carefully construct your entries--once posted, they become property of the BDSMLibrary.



No where in the forum guidelines for posting does it state that posts become the property of the library.



Thanks
thrall







.
faq (http://www.bdsmlibrary.com/forums/faq.php?faq=vb_faq)
After submitting your story ---you the author still maintain the copyright -all submitting a story to be published on this site does is give the site non-exclusive posting rights---which means you can post or publish your story anywhere else you like ---but the story will not be removed from the site unless it breaks a site policy

2. Entry in the Poetry (http://www.bdsmlibrary.com/forums/showthread.php?t=12547)Competition grants bdsmlibrary.com non-exclusive rights to the work. We encourage you to post elsewhere as well, but entries will not be removed from the site, even at the request of the author. Please be aware this may interfere with future publishing; posting here is for fun and sharing, not for works you hope to profit from later!


# You retain the copyright of the story but grant the site non exclusive posting rights when we publish your story

2. Entry in the Story (http://www.bdsmlibrary.com/forums/showthread.php?t=12113)Competition grants bdsmlibrary.com non-exclusive rights to the work. We encourage you to post elsewhere as well -- particularly in our public library -- but entries will not be removed from the site, even at the request of the author. Please be aware this may interfere with future publishing; posting here is for fun and sharing, not for stories you hope to profit from later!

since the post made in the new section does state the posts are property of BDSM library just be aware that is the rule for posting in that section. If you have any specific questions please do not hesitate to PM any of the admin here to get clarification. In general any posts made in the forum do belong to the library and any posts made in the story section or poetry section have addressed this already. The library section too has some rules showing the stand the site has on the submissions also. The forum posts are property of the library once they are submitteded as we reserve the right to edit, delete or censor content. I hope this answers your question more clearly and if not please send a pm to help us clarify this for you.

[angelic.zest]

Im not site admin nor do i think i could really do the job, but i really dont see the big deal in posting something and it becoming property of wherever you post it. ok you worked hard, you've slaved, sweat and dealt with brain farts, while writing your post.

But isnt that the whole idea of writing? posting where ppl can read it, discuss it and just Post it in general. i'm not choosing any sides but i dont see the big deal. i read the rules and i wouldnt post anything i felt that i couldnt deal with if it came back to bite me.
like i wouldnt post pictures online because ive snatched so many(thats just me, i loveeee viewing everyones photo but i couldnt do it) and its easy and i woudnt want anyone snatching mine (who would want to tho lol? but hey there are some who would like to lol)

maybe im getting off topic lol. i dont know. so please someone put me on the right track lol.. i wouldnt post anything i didnt feel comfy with being shared with the whole interent world :/

[thrall]

this is the sticky in the story contest

Old 09-02-2007 #1
ElectricBadger
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Question Introduction to the Story Contest Forum
Welcome to the Story Contest forum; this area is set aside for a friendly competition amongst our authors to practice our skills, expand our horizons, fight our limitations and display our abilities.

Things to know:

1. Stories are to be submitted to contest-entries@hotmail.com. Submissions will be posted anonymously, to encourage unbiased appraisal and to encourage emerging authors to contribute. At the completion of voting, only the winner's identity will be revealed (although other authors may, of course, identify themselves). Please note that once a confirmation email is sent, no email addresses will be saved or used for any purpose.

2. Entry in the Story Competition grants bdsmlibrary.com non-exclusive rights to the work. We encourage you to post elsewhere as well -- particularly in our public library -- but entries will not be removed from the site, even at the request of the author. Please be aware this may interfere with future publishing; posting here is for fun and sharing, not for stories you hope to profit from later!

3. All members of the Library are invited to judge stories; criteria may be suggested for consideration, but the decision is up to your peers. The winning story will be posted in a special forum, and the winning author distinguished with a forum insignia.

4. Story submissions are subject to both Library and Forum rules: most importantly, this means no participants under 13 years.

5. Contest entries will be accepted until the end of each month; there will then be a week-long poll in the Site Announcements forum, after which the winner will be announced.

6. Upcoming themes will also be posted ahead of time to allow authors more time to plan and write. Submissions may be made as soon as an upcoming month's topic is posted. These themes will rotate between three over-arching concepts: A literary work or group of works; an aspect or kink within the BDSM scene; and a non-linguistic work of art.

If you have any questions, please post them here or pm me!


and this is for the poetry section..

#1
ElectricBadger
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Join Date: Jul 2006
Location: Seattle
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Question Introduction to the Poetry Contest Forum
Welcome to the Poetry Contest forum; this area is set aside for a friendly competition amongst our authors to practice our skills, expand our horizons, fight our limitations and display our abilities.

Things to know:

1. Poems are to be submitted to contest-entries@hotmail.com. Submissions will be posted anonymously, to encourage unbiased appraisal and to encourage emerging authors to contribute. At the completion of voting, only the winner's identity will be revealed (although other authors may, of course, identify themselves). Please note that once a confirmation email is sent, no email addresses will be saved or used for any purpose.

2. Entry in the Poetry Competition grants bdsmlibrary.com non-exclusive rights to the work. We encourage you to post elsewhere as well, but entries will not be removed from the site, even at the request of the author. Please be aware this may interfere with future publishing; posting here is for fun and sharing, not for works you hope to profit from later!

3. All members of the Library are invited to judge poems; criteria may be suggested for consideration, but the decision is up to your peers. The winning poem will be posted in a special forum, and the winning poet distinguished with a forum insignia.

4. Contest entries will be accepted until the end of each month; there will then be a week-long poll in the Site Announcements forum, after which the winner will be announced.

6. Upcoming themes will also be posted ahead of time to allow poets more time to plan and write. Submissions may be made as soon as an upcoming month's topic is posted. These themes will rotate between three over-arching concepts: A style or genre of poetry; an aspect or kink within the BDSM scene; and a non-linguistic work of art.

If you have any questions, please post them here or pm me!

did i miss these rules Widget

[thrall]

Im not site admin nor do i think i could really do the job, but i really dont see the big deal in posting something and it becoming property of wherever you post it. ok you worked hard, you've slaved, sweat and dealt with brain farts, while writing your post.

But isnt that the whole idea of writing? posting where ppl can read it, discuss it and just Post it in general. i'm not choosing any sides but i dont see the big deal. i read the rules and i wouldnt post anything i felt that i couldnt deal with if it came back to bite me. i wouldnt post pictures online because ive snatched so many and its easy and i woudnt want anyone snatching mine (who would want to ? but hey there are some who would like to lol)

maybe im getting off topic but i think its almost like. i dont know. so please someone put me on the right track lol.. i wouldnt post anything i didnt feel comfy with being shared with the whole interent world :/

No Zest its not about content or comfort level of content......its about


Intellectual property

[thrall]

this is the sticky in the story contest

Old 09-02-2007 #1
ElectricBadger
Electrified Non-Moderator

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Join Date: Jul 2006
Location: Seattle
Posts: 1,072
Thanks: 4
Thanked 39 Times in 20 Posts

Question Introduction to the Story Contest Forum
Welcome to the Story Contest forum; this area is set aside for a friendly competition amongst our authors to practice our skills, expand our horizons, fight our limitations and display our abilities.

Things to know:

1. Stories are to be submitted to contest-entries@hotmail.com. Submissions will be posted anonymously, to encourage unbiased appraisal and to encourage emerging authors to contribute. At the completion of voting, only the winner's identity will be revealed (although other authors may, of course, identify themselves). Please note that once a confirmation email is sent, no email addresses will be saved or used for any purpose.

2. Entry in the Story Competition grants bdsmlibrary.com non-exclusive rights to the work. We encourage you to post elsewhere as well -- particularly in our public library -- but entries will not be removed from the site, even at the request of the author. Please be aware this may interfere with future publishing; posting here is for fun and sharing, not for stories you hope to profit from later!

3. All members of the Library are invited to judge stories; criteria may be suggested for consideration, but the decision is up to your peers. The winning story will be posted in a special forum, and the winning author distinguished with a forum insignia.

4. Story submissions are subject to both Library and Forum rules: most importantly, this means no participants under 13 years.

5. Contest entries will be accepted until the end of each month; there will then be a week-long poll in the Site Announcements forum, after which the winner will be announced.

6. Upcoming themes will also be posted ahead of time to allow authors more time to plan and write. Submissions may be made as soon as an upcoming month's topic is posted. These themes will rotate between three over-arching concepts: A literary work or group of works; an aspect or kink within the BDSM scene; and a non-linguistic work of art.

If you have any questions, please post them here or pm me!


and this is for the poetry section..

#1
ElectricBadger
Electrified Non-Moderator

ElectricBadger's Avatar

Join Date: Jul 2006
Location: Seattle
Posts: 1,072
Thanks: 4
Thanked 39 Times in 20 Posts

Question Introduction to the Poetry Contest Forum
Welcome to the Poetry Contest forum; this area is set aside for a friendly competition amongst our authors to practice our skills, expand our horizons, fight our limitations and display our abilities.

Things to know:

1. Poems are to be submitted to contest-entries@hotmail.com. Submissions will be posted anonymously, to encourage unbiased appraisal and to encourage emerging authors to contribute. At the completion of voting, only the winner's identity will be revealed (although other authors may, of course, identify themselves). Please note that once a confirmation email is sent, no email addresses will be saved or used for any purpose.

2. Entry in the Poetry Competition grants bdsmlibrary.com non-exclusive rights to the work. We encourage you to post elsewhere as well, but entries will not be removed from the site, even at the request of the author. Please be aware this may interfere with future publishing; posting here is for fun and sharing, not for works you hope to profit from later!

3. All members of the Library are invited to judge poems; criteria may be suggested for consideration, but the decision is up to your peers. The winning poem will be posted in a special forum, and the winning poet distinguished with a forum insignia.

4. Contest entries will be accepted until the end of each month; there will then be a week-long poll in the Site Announcements forum, after which the winner will be announced.

6. Upcoming themes will also be posted ahead of time to allow poets more time to plan and write. Submissions may be made as soon as an upcoming month's topic is posted. These themes will rotate between three over-arching concepts: A style or genre of poetry; an aspect or kink within the BDSM scene; and a non-linguistic work of art.

If you have any questions, please post them here or pm me!

did i miss these rules Widget



OK...i see it...

[angelic.zest]

well i'll let you all battle it out, i'll go to FNG lol

[thrall]

OK...so that covers the story contest and the poetry contest...the disclaimers are clearly stated...

Next question.....general posts and the block...

Getting Started/Introduction
About The Writer’s Block
The Writer’s Block provides both new & experienced writers the chance to develop & enhance their skills. It’s a participation-based area, so the more you participate, the more you will get out of it. Additionally, if you don’t participate, you will be removed from the area. Only other writers given access to your level or higher will be able to see what you post—so don’t be embarrassed to give it a try!

The Writer’s Block is broken up into 4 levels of instruction, designed to develop the writer. All writers begin in Level 1, and progress through the levels as the Writing Instructors think they are ready.

Our great Writing Instructors:
Level 1: Dragon's muse
Level 2: Aussiegirl1
Level 3: Ruby
Level 4: Mad Lews


How to Start/Gain Access
You need to write a brief, 25 word description/essay on why you wish to be a part of The Writer’s Block. Then, a Writer’s Instructor will contact an Administrator to provide you access to Level 1.

I dont see the same disclaimers here.....nor can i find the rules that state that all posts become the property of the library..

[Chuckdom19]

Im not site admin nor do i think i could really do the job, but i really dont see the big deal in posting something and it becoming property of wherever you post it. ok you worked hard, you've slaved, sweat and dealt with brain farts, while writing your post.

But isnt that the whole idea of writing? posting where ppl can read it, discuss it and just Post it in general. i'm not choosing any sides but i dont see the big deal. i read the rules and i wouldnt post anything i felt that i couldnt deal with if it came back to bite me.
like i wouldnt post pictures online because ive snatched so many(thats just me, i loveeee viewing everyones photo but i couldnt do it) and its easy and i woudnt want anyone snatching mine (who would want to tho lol? but hey there are some who would like to lol)

maybe im getting off topic lol. i dont know. so please someone put me on the right track lol.. i wouldnt post anything i didnt feel comfy with being shared with the whole interent world :/

Angelic, dear one,

the idea is that the story is YOURS, and should not be held hostage (so to speak) by anyone. Should I turn a short story into a novel and wish to sell it through one of the on-line adult book distributors, that publisher would not wish big pieces of the story out there available somewhere for free, obviously; people would not buy it.

Formerly, such stories would be happily removed by the group owner, with comments on the forum celebrating said author's success. Since the buyout about 4 years ago, the policy is different. Many authors who used to contribute here... and damn good ones... will no longer do so. Sad, IMHO.

[Widget]

I am glad you found the links helpful as I know there is a few places to look for rules re submissions, as for the other part of your post...

Well I guess bottom line is that for the prose, story,library sections there is a disclamer stated. Any other places in the forum it can be assumed the posts become the property of the site. If we need to revisit this in anyway the final word needs to come from Torq or Tiger for clarification. I suggest we wait on them for this for now and assume that if you post in the forums it is the sites property as we retain the rights to delete, edit ect for content as we see fit. IF there needs to be any clarification to the rules re this then we can do so after the powers that be see the questions in here.

[thrall]

I am glad you found the links helpful as I know there is a few places to look for rules re submissions, as for the other part of your post...

Well I guess bottom line is that for the prose, story,library sections there is a disclamer stated. Any other places in the forum it can be assumed the posts become the property of the site. If we need to revisit this in anyway the final word needs to come from Torq or Tiger for clarification. I suggest we wait on them for this for now and assume that if you post in the forums it is the sites property as we retain the rights to delete, edit ect for content as we see fit. IF there needs to be any clarification to the rules re this then we can do so after the powers that be see the questions in here.


Thanks Widget....


Though i think that little bit of information should be clearly stated in the rules.....that forum posts become site property

one last question...




Forum Rules
Registration to this forum is free! We do insist that you abide by the rules and policies detailed below. If you agree to the terms, please check the 'I agree' checkbox and press the 'Register' button below. If you would like to cancel the registration, click here to return to the forums index.
Although the administrators and moderators of BDSM Library Bondage And BDSM Adult Forums will attempt to keep all objectionable messages off this forum, it is impossible for us to review all messages. All messages express the views of the author, and neither the owners of BDSM Library Bondage And BDSM Adult Forums, nor Jelsoft Enterprises Ltd. (developers of vBulletin) will be held responsible for the content of any message.
By agreeing to these rules, you warrant that you will not post any messages that are personal attacking, hateful, threatening, privacy revealing, or otherwise violative of any laws.
The owners of BDSM Library Bondage And BDSM Adult Forums reserve the right to remove, edit, move or close any thread for any reason.



Does not this statement give up the rights of the library over posts if you will not be held responsible for the content?

[thrall]

ok............well now two questions...sorry...

do photos posted become site property as well....as they are part of a post??.....and if not....what is the difference between image and words????

[Nikita]

Thanks to thrall for bringing this to my attention and asking what I thought about it.

Several of us have been here over five years, Mad Lews, Chuck, Ruby, Me, Pejanon, Alex (I think) to name a few. I'm not saying anything they don't know and am fairly certain someone will correct me if I'm unclear or wrong.

Just a few things I know about the topic:

1) Whatever you write is yours. Once it appears anywhere, in print or on the net, it is still your copyrighted work. The author retains all rights to his work. The work will still be attributed to you whether your name is on the piece or not.

For more information, you can download a pdf file on What is Intellectual Property? (http://www.wipo.int/about-ip/en/)

2) Sites can refuse to remove your writing(s), whatever you've submitted or posted, but they don't own your work. It is not their property unless the writer has been paid and agreed to the terms. They can refuse to delete or allow YOU to delete your material from the site. Therein lies the pickle. Imo, that is an unfortunate stance, one that they can easily rectify.

Literotica, along with many, many sites on the net, will remove your story on request. It's a courtesy and wise decision. They are more likely to submit stories again knowing that they can be removed when they desire. Writers need to have this option because it governs whether their work will be accepted or not by some publishing houses.

That's not to say, that stories on the library, have been refused because they are still posted. On the contrary. It depends on whom you send your entry. The topic of publication is a whole nother hairy ball of wax more appropriately discussed in another thread.

3) When the site was bought, writers who wanted their stories removed were denied that courtesy. To my recollection, there was no mention of this new policy in the TOS when the announcement was made. In fact, the threads regarding that issue should be archived somewhere on this forum unless they've been deleted.

Other sites, like Myspace, have attorneys review their TOS periodically. Thus, blogs, comments, etc, can be edited, removed, etc., by the poster, profile owner, and/or the site.

One site responded to a concern voiced by a member that her (and others') blogs were/are captured by RSS feeds. The site owner provided a feature that would give bloggers control on whether or not they want their words to be excluded from the RSS feeds.

What is RSS? (http://www.whatisrss.com/) (Rich Site Summary) is a format for delivering regularly changing web content. Many news-related sites, weblogs and other online publishers syndicate their content as an RSS Feed to whoever wants it.

4) Something y'all may not realize is that once you make a post in a public forum, ANY public forum, it can be quoted elsewhere without your knowledge or consent. For all intents and purposes, as soon as you hit ENTER, your words are circling the world-wide web. This is a public forum.

thrall: do photos posted become site property as well....as they are part of a post??

5) Not sure about the photos. Again, if your contribution is part of a post, it's open season anyway.

[Torq]

For Clarification...

USE COMMON SENSE!!!!!!
As soon as you post something on to this site or any other, it is on the worldwide internet. Regardless of where you post it, anyone can pull it down, change/edit/modify it as much as they want. Yes, you can take legal action if YOUR content/material is taken off here & someone uses it as their own & makes money off it, but a good rule of thumb: if you don't want it out there in the public, DON'T POST IT! This goes for anything from forums posts to stories to poetry to pictures and everything in between. If you want to keep it private, keep it private. As soon as it hits the boards here or anywhere it is in the public domain !!!!!!!!!!


Site Policy

The site policy has not changed. It has been, and still is, the same. The disclaimers in the various areas of these forums (poetry, prose, writer's area, photo area, etc.) are NOT deviating from site policy: they are simply additional reminders to folks who post in those areas. The disclaimer posted into the blog area was simply a REMINDER for folks to remember what they are posting is public--it does NOT change site policy !!!!!

Site policy is that whatever is posted onto this site, whether it be story submissions, forums posts, pictures, blogs, prose, poetry or ANYTHING ELSE, belongs to the Site for the Site to use on the Site. PERIOD. Let's clarify that further. Once you post it, the BDSMLibrary is free to modify/remove/alter/edit/change/delete ANYTHING on this Site. Who is "The BDSMLibrary" ?? That is Tiger, the Site Owner, Torq, the Site Administrator and anyone they give persmission to (i.e. other Admins, mods, and staff). Practically speaking, content is generally only modified/changed/altered/edited/deleted/etc. if it violates the Rules of the area in which is it posted. HOWEVER, the Site Owner, Admins & staff reserve the right to make any of those alterations to anything posted if it is deemed necessary. By becoming a member & posting, you are agreeing to these guidelines of posting. If you disagree, don't post!

ONCE YOU POST IT, IT IS POSTED!!!! If you don't want something to be public knowledge or to be "out there",,,, DON'T POST IT !!!!!


Also, your user name on here is just that: a user name. If you have your account deleted or you are removed from this site, ALL your content changes over to "Guest" and you lose ALL rights to it.

Now, does this mean we're going to take your story, your pictures, your postings and compile a great book & publish it? NO. It means, however, that the Site owns that particular item on this site. Once you post it, you lose your property exclusivity rights to that piece of property on this Site !! You may continue to publish it elsewhere, or edit it or whatever you desire, but once you post it onto this Site, this Site owns the content and can use it on this Site !!! You no longer have exclusive rights to it because you gave your consent to the Site to use it by posting it.

Copyright protects certain intellectual property (such as writing) from mis-use & theft. HOWEVER, it ONLY protects that property when it is used in an un-consented to manner. You are CONSENTING to the site using the material in WHATEVER way it desires (within fair use guidelines set forth in US Copyright Law) by posting it on the Site. If you don't consent, don't post it! You can stick a Copyright mark on it, you can argue till you are blue that it is yours--but by posting, you are giving consent to this Site for its use. Patents won't protect you here either: patents aren't issued for written work or artwork--they are only issues for design, industrial, plant and a few other, technical objects & ideas. Trademark won't protect you either: trademark is simply owning a certain icon, phrase, etc. And there is a LONG legal process here in the states that you have to go through to obtain trademark rights.


This site follows the US laws, since it is based in the US. Granted, Intellectual Property laws vary between countries somewhat. However, because the server for this site is located in the US, this Site does, and will continue, to follow US laws regarding IP.

Liability v. Ownership
There is discussion in this thread also about the idea that if the Site wishes to not be liable for something (as stated in the registration boilerplate clause), then it can't own it. WRONG. Liability is not the same thing as ownership!!! This Site works hard to maintain proper, legal content. However, noteably in the registration boilerplate, as well as in other areas, members are constantly reminded that THEY are liable for WHATEVER they post: this is for legal reasons. The Site can't maintain 100% vigilence over every aspect of the entire Site 24/7. Also, the Site does not want up or downstream liability for postings, pictures, stories, etc. Ownership is actual ownership of the work & material on this Site. This Site, again, maintains ownership over anything & everything placed on it by any member, guest, visitor, or other person who may post here.


So, as the average user, what does this mean to me?
NOTHING. Nothing at all has changed from the previous years, nor is this Site different than most other sites of this nature. Once you post it, it's out there. It's out in the public domain, for all the world to see. This is why I, and my staff, continue to urge everyone to exercise COMMON SENSE and caution with posting pictures of themselves, as well as any other personal information.

Your posts are your posts. The site owner, myself and my staff don't have the time nor the inclination to alter/edit/delete/modify/etc. stories, etc, unless they violate the policies of these forums or this Site.

ALL of these guidelines & parameters are in place to maintain as open & free exchange of information & ideas as is possible in this day & age. IP law has come a long way & will continue to change as time goes on. As it does, we will continue to be observant & vigilant. We are also observant & vigilant of US laws regarding content & status of materials on this Site. The rules & guidelines are in place for a reason, and, as stated in the Forums guidelines, are subject to change by the Administration of the site.

ENJOY the site, but, as we always say, be careful--this Site, like everywhere on the internet is PUBLIC. You post it, it's out there.

Legal-ese
This Site's content is considered primarily "user-generated content," in that the users of the site generate & post the majority of the content on this site. User generated content must be checked for copyright infringement or unlawful use by the user (by posting on this site). This, however, applies to INCOMING content only--this Site is responsible to monitor & promote proper copyright & IP statutory law in ensuring users understand they are not to post content that is not their own without permission or acknowledgement that the content is not their own (for instance, it's ok to publish an article if you give the link to where you got it).

There is also a difference between taking something off of this site & using it elsewhere, and posting onto this site. Taking content off this site w/o permission & posting it elsewhere without permission IS a copyright violation (if you are not the original owner & poster of the information) & you can be held legally liable. People are free to look at your stories (etc.) here & comment, etc about them, but they are not free to take your story off here & publish it as their own or make money off of it without the consent of this site. HOWEVER, POSTING onto this site and then THIS SITE using the information does NOT break copyright law.

The issue of who owns what YOU post is simple: by posting, you are giving this Site permission to utilize your material in a fair use manner. In other words, you post it, the Site can use it.


Definitions:
Site: Site is the BDSMLibrary, domain name www.bdsmlibrary.com
Administrators: Anyone the Site Owner gives authority & permission to be in, and function in, that capacity & role
Staff: Anyone the Site Owner and Administrators give authority & permission to be in, and function in, that capacity & role
Material/posting: Material & posting refer to ANY AND ALL member and non-member content that is published on this site.
Exclusivity: Exclusivity refers to a person's exclusive rights to their intellectual property. Once placed on this public site, the exclusivitiy rights to the property are lost.

[craven]

it is indeed an interesting and as yet legally unproven area of law.

I can see that there are terms and conditions relating to the content and accessibility of postings, this indeed makes sense and is there for all of our protection.

I would ask though what would the legal position be if a posted article, story whatever was to be sold, and the request to have it withdrawn from the site not adhered to as:

The new owners, presumably a publishing company would not have signed up to any terms and conditions of the original poster, they would as we have highlighted wish to retain the commercial value of their acquired property and would seek its removal from the site.

They would own the IP of the article or whatever and be legally within their rights to demand the removal of and or royalties from the site.

As has been established the IP rights remain the property of the poster, as such they would be entitled to sell these to a third party.

Although there may well be terms and conditions associated with posting that cover rights at and whilst posted, they could not be legally considered to constitute a contract of sale, as no exchange or consideration has taken place. These terms only relate to the poster and the site. As soon as a third party acquires the rights this agreement would have to be considered as having been negated and void.


The rights to the articles are without doubt and this is not I understand in any doubt, retained by the original posters.

If they sell these articles to a third party, that third party will take ownership of said IP rights.

The third party would have no agreement or contract with the site and would seek the removal of its property from the site.


We are all aware that many of the traditional publishing mediums Film, paper, Book and music are itching to take web based distributor to court, a test case would be costly and time consuming, and given that it would not actually involve the original poster an issue for the site to consider at length I would advise.

This issue is really for the site to address, as once a poster sells his or her IP and posting, they are will be removed from any ensuing legal action and subsequent claims.

I can see no reason why the site would wish to expose itself to the potential for suits when the removal of the number of sold articles, which can after all only represent a very small number when taken in comparison to the overall site output; when the risk and exposures is potentially so great.

I have worked in my professional life with a number of electronic media platforms and I know that media liability insurers are getting very nervous about such exposures. As mentioned this is currently a legally unproven are of law, a test case would involve many parties initially lodging claims and counter claims, the legal defense costs alone could prove to be considerable.

Mention is made of sites such as literotica as a matter of courtesy removing sold articles, i would argue that this is not mere courtesy but sound and prudent risk management mitigation and good business sense.

[craven]

i also forgot to mention that as a result of my having worked with a number of these companies it is my experience as I am sure many are aware that whilst the site states that it is not liable for the production and dissemination of any defamatory or libelous posts, as these liabilities are retained by the original posters, it is not possible to transfers one liabilities in the eyes of the law. The site has a duty of care to ensure the validity of all postings this is not an unproven are of law and cases have been successfully brought in relation to this matter, notably in the US the Craigslist suit in 2006.

[H Dean]

This really has gotten to the point of being entirely silly. Why? Well, let me see...

If you post a story to the library and want it removed and the site admin won't remove it - highly unlikely if you are getting published (why? cause they won't want the new publisher to litigate) - just post an update to the story with modifications. Simple as that.

Moreover - This is a public chat board. You don't want everyone and anyone to have access to what you post you should go elsewhere. If I want to make this entire line of chat public where no one can touch it but me all I have to do is save it a post it somehwere else - myspace, yourspece, facebook or any free web host. Hell, I can paste this entire web page on anywebhost.com.

So, go ahead and bitch about you not having the ability to have your shit removed. Guess what - you have zero control once it hits the web. Zero. At least the site owners make it clear on this site...remember, anyone can still grab everything off this site and load it elsewhere. Once it is in the public venue you have lost privacy of the piece. Quit whining.

[Mad Lews]

Me-thinks a bit of the problem is the careless use of the word property.
As a BDSM site we should know better.

I'll just skip past the sticky wicket of banning the writer and clinging to the writings, that seems just... never mind I'll skip it.

No one is disputing the idea that you own what you write.

The crux of the problem seems to be how much control you have over your property once you have voluntarily posted it here. The sites position is you have given up exclusivity rights forever. Unless a bored lawyer or (as craven points out) an entity with very deep pockets (a publisher) wants to dispute the matter that is the way it will rest.

Two words of advice.

1)To the writers, don't post what you hope to sell, publishers frown on it.

2) To the administers, don't use the words ownership and property carelessly, it rankles the hordes.

and yes I'll still post stories again, but just short ones for entertainment.

Mad Lews

[craven]

sounds like good common sense to me, the best and easiest option for all

good work

[thrall]

OK..so those were my comments....now some suggestions....

Tighten up a few of the areas that are vague or confusing....in terms that are up front and not mired in obscure places....

Delia's plain and simple, to the point ,blurb......p.lease carefully construct your entries--once posted, they become property of the BDSMLibrary. should me added to the rules that you agree to when you sigh in

And something along the lines of this should be added the the site/forum guidelines regrading posting..



The issue of who owns what YOU post is simple: by posting, you are giving this Site permission to utilize your material in a fair use manner. In other words, you post it, the Site can use it.

and then maybe a link to a more detailed site policy area...

Easy...no running around reminding people of site policy, no changing site policy. It's there, up front, easy to see, understand and access.....

[H Dean]

Man, I get all bitchy and tell people to stop whining and get no comments? Come on!

So much for my fun, damn it!

[thrall]

Whining??.....:eek:.Moi????.......:eek:.....LOL... you know me and my whopper pest questions......LMAO!

And who ever said you were funny?!?!?!?!?!....I'll have to give the bitchy thing some thought though.......that you may just be!..lol

[angelic.zest]

Angelic, dear one,

the idea is that the story is YOURS, and should not be held hostage (so to speak) by anyone. Should I turn a short story into a novel and wish to sell it through one of the on-line adult book distributors, that publisher would not wish big pieces of the story out there available somewhere for free, obviously; people would not buy it.

Formerly, such stories would be happily removed by the group owner, with comments on the forum celebrating said author's success. Since the buyout about 4 years ago, the policy is different. Many authors who used to contribute here... and damn good ones... will no longer do so. Sad, IMHO.

ty for explaining :)

[rilawild]

Hi,

My 2 cents worth is that the phrase "once posted, they become property of the BDSMLibrary" certainly gives the impression that the author is consenting to give their intellectual property to the library. i.e. that once posted they no longer have rights to reuse their posting since they have relinquished those rights to the BDSMLibrary - something that obviously worries authors.

Whereas it appears that the intention is that the BDSMLibrary only want non-exclusive rights to publish and edit any content that is posted. i.e. once posted the BDSMLibrary may continue to use and edit the content, but that the original author may still do whatever they like with their property (with the exclusion of revoking the right that they have granted the BDSMLibrary).

It might be best if the phrase regarding "becoming the property of BDSMLibrary" were updated to be more in line with the faqs regarding granting of non-exclusive rights - unless of course the intention is that the authors of blogs etc give up their rights to the library (which is actually what the rules are currently saying).

~ Rilawild

[Torq]

Ok, I guess it wasn't clear enough in POST #21 see above let me try again

USE COMMON SENSE

Other wise this issue is CLOSED !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Be Well

T

[caligirl{Rob}]

has a silly vision in my head now of a lovely young slave named common sense ....i really should be in bed now