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How to protect your creative work on a forum!

Started by Paul Evans79 · · 👁 3 views · 11 replies

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Participants Paul Evans79dustypuma5hollowtrucker77feraltrucker5
Paul Evans79 Paul Evans79 NewcomerOP
1 message
joined Apr 2005
#1 ·
Is that even possible, and if so, how does it actually work?
dustypuma5 dustypuma5 Active Member
111 messages
joined Apr 2013
#2 ·
Sarah Cooper56 said:Is that even possible? Like, how would you even go about doing that?

If you're talking about claiming your posts as your own intellectual property, nah, not gonna happen. Once you hit "Send," those posts basically become the forum's property.
But if you mean someone else posting your copyrighted stuff without permission, I guess you could sue them for damages under the Copyright Act.

(not totally sure, but maybe there's a way to file criminal charges too, then let the cops handle it, but just ask around on the "legal" subforum)
Paul Evans79 Paul Evans79 NewcomerOP
1 message
joined Apr 2005
#3 ·
dustypuma5 said:If you’re thinking about your posts being your own creative work, that just isn't how it works. The second you hit "Send," those posts basically become the property of the forum itself.
Now, if you mean someone else posting protected material without permission, then yeah, you can definitely file a lawsuit and go after the user who posted it for damages.

(I'm not 100% sure, but I think there might even be a way to file criminal charges for that too, let the police handle it, but honestly, you should probably check the "Legal" subforum for specifics)


I wrote a story on Lonely Hearts, and now I'm wondering—can someone just take it and publish it in a major newspaper or somewhere else? What kind of rights can I actually claim as the owner?

It’s happened to me so many times where I’ve been totally shocked to see my own stories or ideas from this forum popping up as headlines on other websites.
hollowtrucker77 hollowtrucker77 Regular
681 messages
joined Nov 2007
#4 ·
If you ever stumble upon someone ripping off your story or any other creative work you've put out there, you've got options—you can either take them to court yourself, or just hire a specialized agency to handle the legal heavy lifting for you.
The main thing is simply having enough evidence on hand to prove that the work was originally yours in the first place.
dustypuma5 dustypuma5 Active Member
111 messages
joined Apr 2013
#5 ·
Sarah Cooper56 said:I posted a story on LonelyHearts and now I'm wondering if anyone can publish it in a major newspaper or somewhere else, and what kind of rights I actually have as the owner.

I guess I've been pretty shocked before seeing my own headlines pop up on other websites, just ideas from Reddit or whatever.

Think I already answered you.

That story isn't yours anymore, and you don't really have any copyright over it. It belongs to the website now, and honestly, it'll be hard to claim anything since you basically handed it over voluntarily... plus, I doubt the site is gonna bother protecting your rights.

Edit: maybe just write it on a blog first, then link it here? That way you might actually protect yourself. 🙂
feraltrucker5 feraltrucker5 Active Member
117 messages
joined Oct 2012
#6 ·
dustypuma5 said:If you’re under the impression that your posts are some kind of protected intellectual property you can tuck away in a vault, think again. The second you hit that "Send" button, those words basically become the forum's property.

Look, I’ve combed through the fine print, and there isn’t a single line in the rules saying a user has to sign over their copyright just to join the conversation. Some sites are built like that—total legal land grabs—but this place doesn't have those kinds of clauses.
feraltrucker5 feraltrucker5 Active Member
117 messages
joined Oct 2012
#7 ·
dustypuma5 said:I think I already gave you my answer on this one.

Look, that story isn't yours anymore, and honestly, you don't really hold any copyright over it. Once it hits a site like Reddit, it basically becomes the property of the platform. Since you handed it over voluntarily, trying to claim rights now is an uphill battle—not to mention the idea that the site administrators are actually going to jump through hoops to protect your specific interests...

Edit: Why not just post your stuff on a personal Substack or a blog first, and then just link to it or quote it here? That’s how you actually build a paper trail to protect yourself. 🙂

Just because you post something on a message board doesn't mean you're signing away your authorship; you're essentially just granting the site a non-exclusive license to host and display your work. "Non-exclusive" is the key phrase there—it means they can do what they want with the content, but it doesn't strip you of your status as the creator. However, you also lose the leverage to demand they scrub it from existence. Check out Section 44 of the Copyright Act if you want the legal specifics.🤔
dustypuma5 dustypuma5 Active Member
111 messages
joined Apr 2013
#8 ·
feraltrucker5 said:The rules don't say anywhere that posting on a forum means you're giving up your copyright. Some forums have that rule, but this one doesn't.

I guess it's just legally implied for a medium like a forum. Probably true for other similar sites too.

Should probably check with a lawyer, but I think everything on the forum belongs to the site owners.

There was a thread about this once, but I can't find it anymore. It explained things pretty well though.

feraltrucker5 said:Posting on a forum doesn't mean you lose authorship of your story; you're just giving the forum the right to publish it. And since it's a non-exclusive right, they can basically do whatever they want with it. But they still can't demand the forum delete it. Check out Section 44 of the Copyright Act.🤔

🤷

Maybe you're right. But honestly, internet regulations are always such a mess.
Like, Facebook keeps rights to all the content you post, even your own photos and profiles...
Paul Evans79 Paul Evans79 NewcomerOP
1 message
joined Apr 2005
#9 ·
hollowtrucker77 said:If you stumble upon your own story being used elsewhere, you can file a lawsuit on your own or hire a copyright agency to handle it for you.
All you really need is enough proof to show that the work was originally yours.

dustypuma5 said:I think I’ve already given you my answer.

That story isn't yours anymore, and you don't hold the copyrights to it. It belongs to the website owners now. Honestly, it'll be tough to claim any rights since you voluntarily handed ownership over to someone else, and I doubt the site is going to go out of its way to protect it...

Edit: Why not just post it on a blog first, then link to it here from there? That's how you'd actually protect yourself. 🙂


Well, look at that. Your take doesn't line up with what hollowtrucker77 said. It's probably for the best that we both opened this thread; at least we learned something together.
I can't manage running a blog too, though. I've got way too much going on around the house.
dustypuma5 dustypuma5 Active Member
111 messages
joined Apr 2013
#10 ·
Sarah Cooper56 said:Look, what you're saying doesn't really line up with what hollowtrucker77 thinks. I'm just glad I started this thread so we could all learn something together.
I can't deal with posting on the blog too, I've got way too much housework to do.

I guess what I'm saying is I'm just going off some info that might not be totally complete. Maybe hollowtrucker77 is right too.

I'd probably double-check that stuff with a lawyer. 😉
hollowtrucker77 hollowtrucker77 Regular
681 messages
joined Nov 2007
#11 ·
I honestly think feraltrucker5 hit the nail on the head here
by pointing out that while the forum technically holds the right to decide what kind of content stays up or goes down,
that doesn't change the fact that the actual authorship still belongs to the creator, plain and simple.

Look, I’m definitely not some high-priced lawyer, and who knows what other legal loopholes or technicalities might be lurking in the shadows, but I feel like this pretty much covers the essence of what we’re actually trying to figure out here.
feraltrucker5 feraltrucker5 Active Member
117 messages
joined Oct 2012
#12 ·
dustypuma5 said:I honestly feel like that’s just common sense legally speaking for a platform like this forum, or pretty much any other similar site out there.

Well, sure, a little bit of things are "implied," but let's be real—everything is actually pretty strictly defined. 😁 And one of those basic, implied truths is that if you haven't explicitly signed away your rights, then they still belong to you.

You should probably check with a lawyer, but my gut tells me everything posted on the forum belongs to the forum owners.

And just to be clear, this isn't even my own personal take; I'm basically paraphrasing what I heard from Legalis.

Take Facebook, for example—they claim rights over all the content you post, including your personal photos and profiles...

Look, we really shouldn't be blurring the lines between actual ownership and the right to publish, which is exactly what happens when people talk about forum posts. 😉Like I’ve mentioned before: it’s a non-exclusive right to publish. That’s it. Nothing more, nothing less.

http://www.facebook.com/terms.php

You own all of the content and information you post on Facebook, and you can control how it is shared through your privacy and application settings. In addition:

1. For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

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