Compiling forum posts into articles

Is this potentially dangerous or can a TOS cover it?

[lorax]

I'm about to launch a forum. I'd like to occassionally mine quality threads and develop articles from the content of the posts. I envision rewriting the posts such that you won't recognize them as posts and adding my own research/copy but I may quote one or more of the posters.

Am I opening myself up to potential legal liabilities? I know Brett ran into all sorts of issues when he was considering publishing content from WebmasterWorld.

Your thoughts?

[martinibuster]

Is this a forum you control, or someone else's?

[lorax]

My own forum.

[Webwork]

Does the TOS spell out what might happen to users posts?

Does the TOS specify that the poster grants the forum operator an unrestricted perpetual license to use, reuse, compile, refashion, republish the forum's content (posts) in any manner you choose with or without attribution or credit or obligation to pay?

I'd spell out in the TOS what the future holds.

Of course, while you are granting yourself such rights, as a fair return on your investment in hosting and mod-ing the forum, you will simultaneously restrict the forum members use of the forum posts.

Interesting tension, don't you agree? ;-)

[lorax]

I have not yet added it to the TOS.

I personally don't see a difference between researching for an article on other websites/forums versus my own. When it comes to direct quotes - sure - the source should be asked for permission and attributed accordingly. Having said that - I also think it would be wise to include the possibility of this happening in the TOS.

>> you will simultaneously restrict the forum members use of the forum posts

Not sure I follow you.

[trillianjedi]

you will simultaneously restrict the forum members use of the forum posts

What Webwork means is you want exclusive use of those posts in your own content.

So in the TOS, in consideration of you providing the service, you restrict other members from using other forum posts.

Not sure I agree with it. If you have a good forum (and that means good and useful members) then you will always be the central point anyway.

TJ

[Webwork]

Clarify: You get to reuse/regurgitate. Other people, whether members or not, are not permitted to republish (without getting express permission from 1)you and 2) your poster, and you only 'give permission' after the person making the requests gets the poster to forward assent to you.)

Do I think this will all flow nice and easy? No. Do I think that you ought to take the time to work on your TOS? Absofarginglootly. No kidding. Defense Exhibit 1: We told 'em, they were asked if they read 'em, they said so, they agreed to be bound by 'em.

IMHLO - In My Humble Legal Opion, which, of course, I'm not really giving since I'm just a country lawyer from New Jersey and I can't advise the world, it's a much better thing to spell things out in this area then to rely entirely upon published laws that related to forums, etc. (It's also a good idea to read the laws even if you can't fully understand them.;-)

Interesting aside: Someone is running a pseudo-directory that is scraping posts from WW to create their content.

How do I know? I Googled a few lines from a few posts. How do I feel about that? Used. Not even a nice meal. Just used. ;-(

[trillianjedi]

Someone is running a pseudo-directory that is scraping posts from WW to create their content.

But WW will always be the central focal point. For a site to be succesful, it has to be different. Eventually that sites users will discover the originating source and it's curtains.

I agree with you 110% on getting the TOS right though.

TJ

[lorax]

With regards to my use of the information in the posts there's a distinction I'm making. I'm not copying the posts but rather distilling them into an article. The copy format and language will be by and large much different than the original posts. But I agree that I should spell this out in the TOS and will.

With regards to someone else using the contents of the forums - I hadn't thought of that but it is a likely possibility. I won't grant permission to republish any of the content from the forums - I don't want to be in that position as I see it as a legal nightmare.

With regards to republishing the articles that I generate - I'm not sure about it. On first blush I'd say sure but I've got a nagging feeling that's probably not wise.

[globay]

Tell your users right away, that you might take some of their input to write articles about, and that by posting on your forum, they give you their permission.

I assume, that the articles you are going to write will be related to your forum topic (how could they not). Link to the articles from your forum and 'sell' it as additional information you are giving to your users.

[Vin Lombardi]

Does anyone have an example of the legal-ese involved with said TOS? Would it be as simple as saying, "By posting in foo.com's forums, you give the owner of foo.com express rights to use the information you post in any way he/she sees fit. If information you post is used and directly quoted, you most likely will be credited as a source, but not neccessarily so and it is up to the site owner's discretion."

I know little of law, but I am pretty good at BS so would this do?

[lorax]

What I've written to date - I'm still mulling it over.

By posting in the AAAA forums you agree to allow AAAA and/or BBBB (parent company) to repackage and publish information you have contributed, on any websites owned and operated by BBBB. If you do not wish to allow us to republish what you write, do not use our forums.

I think it needs to be toned down a bit.