Forum Moderators: rogerd
So, my question, is the content that has been posted to the free forum by members belong to the owner of the forum to charge admission to access those posts?
The owner has in the terms of service that all posts become the property of website.
What are your thoughts about this?
What are the legal aspects?
Any pitfalls with this?
Is it legal for the owner to collect these postings made by people that was under a free forum close the free access and offer the content that he has collected over time available only to paying members?
Is there some where I could find an answer to this?
If this is ok to do it would be a great way to populate a site with content and switch to a pay system to allow access.
Thanks
aj
The Terms of Use for the site/forum specifically said that all posts become the property of the site. I see no legal problems with the site owner deciding how his content is going to be accessed.
Whether a sufficient number of users switch to paid access, or the site dwindles to nothing, is an entirely different issue.
Eliz.
Just like this forum the posts like yours was given freely in the pursuit of comradery in a community. I could join the paid area here, just as easily, I chose not to at this time. You're obviously perusing the free forum also, and I thank you for your response it is the only one so far, and maybe its a mute issue.
It would be the same here, the owner/owners could assimilate all the posts added by you and everyone else freely in the past years in community spirit and take them private for pay viewing only. Possibly that is how it is done here, I dont know.
It would then be ok for them to charge you to access freely given information to your posts from years earlier. Had the forum had been a paid membership from the begining I could understand it, I do understand the need to make a forum profitable, if that is the desire
Im new to this, however, I have been working on my own site which needs to be profitable and this would be another avenue for revenue.
You read you do you learn.
I also understand the tickler of the free forum and then migration to the paid area to access more professional answers.
But, just like the first part of your response, had I been a member paying for a subscription here,I would have to rethink my next monetary contribution.
Thank you
aj
It's probably also important to note that a creative work is copyrighted automatically as soon as it's in "fixed form" - which has been defined to include publishing on the web. So unless the site owner has contracted with the posters to prepare "works for hire" for which they're getting paid (now there's an idea ;) ), the creator/author/poster does hold copyright.
What is likely, is that by posting in the forum someone grants a license to the forum to use their writing. The TOS should spell out exactly what's included in that license, including how the posts can be used. This is how WWW operates, I'm sure. If you're thinking about using this form of monitization, you should work with an attorney so your TOS do what you want them to.
For any of this outside the US, definitely check with an attorney who knows the law in that country.
Post Ownership
All posts become the property of *company name* at the time of posting.
thats it no submit acceptance
does it sound like it will hold up?
I was a member of a free posting, sports forum, with many knowledgeable posters posting systems and analysis which had in some cases taken years to develop...
The forum administrator also decided to switch to a paying forum....naturally there was uproar...
In the end admin decided against the paying route....
Anyway..back on topic...what strikes me, is that the TOS thingy , if challenged in court is weak (in my opinion)...
And another point....if when a poster posts on a free forum....if this post now belongs to the admin/owner of the site....why do most forums...allow an edit and a delete post facility.......?
...do you know where this can be found?
Try this, especially sections 201(c) and 204:
[copyright.gov...]
If you look at the TOS of some well-known, well-run forums, I doubt if you'll find too many of them claiming ownership of the individual posts. Section 201(c) above points out the difference between that and ownership of the "collected work".
Post Ownership
All posts become the property of XXXXXX.#*$! at the time of posting.
This is all that is listed at the site for a TOS. Kind of kills my idea of following his lead on esigning a site that format. Maybe a free area and a premium area also. I see it woking on another site I visit.
Thank you
aj
