Legal question. Who owns the rights to reviews?

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#7760 - 10/12/03 08:28 AM Legal question. Who owns the rights to reviews?
Pornstar2pac Max Hardcore Prison Bitch Registered: 04/30/03 Posts: 380 Loc: ADT 24/7	I'm so confused on this.I have about 50 reviews done from me and my close friends under 10 diffrent names. and they are up at ADT I think of reviews like lyrics to a song,. Person who wrote it owns it. I feel that anyone who has written a review a and submitted to a site should get paid for it each time it is read. I'm talking pennies.. Can you say Class action suit here? FYI. Good soruce of mine was talking about this very thing. Edited by whtzahor4 (10/13/03 05:43 AM) _________________________
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#7761 - 10/12/03 08:31 AM Re: Legal question. Who owns the rights to reviews?
Pornstar2pac Max Hardcore Prison Bitch Registered: 04/30/03 Posts: 380 Loc: ADT 24/7	posts from last week. I know ADT has a little disclaimer: here it is *By submitting your review to ADT you agree to assign an exclusive transferable copyright to ADT. You assign all copyrights for your review and all reviews become property of ADT.com which may edit, alter, retransmit, transfer or use any way it sees fit. There is no financial compensation for submitting reviews and submitting a review does not guarantee that it will be published. So my point is when they sell the business I bet the review content they have will account for 50% of the sale. we are talking over a million dollars here. they have 5500 reviews that they did not write or we're part of the creative process in. I don't know if a 4 line disclaimer can cut it. The reviewer has not signed a thing. The Village People have a song called "Y.M.C.A." and it is played everyday on different radio stations. Every time it gets played it makes money on royalties. it might only be 16 cents every time, but they still have to pay that to the owner of the song. This reminds me of all the blues musicians who got their songs ripped off by the white man in the 1950's. If they ever sell ADT they will have to pay something to every reviewer and their reviews. They cannot have a 5 line disclaimer on a site and expect that to be binding in a court of law. More to come on this ADT has no employees, but yet they copyright the reviewers review. forgive me if copyright isn't the right term. Let's say dumbblonde(ADT slave) starts her own site and she wants to to make it a review site. And lets say they had a falling out. ADT can sue her if she uses any reviews that she wrote on her site. I know before they do reviews she has to agree that her reviews are not really hers, to use except only related to ADT. ADT is a private company and can do what they want with their business. I call them the napster of porn. Reviews are just the same as song lyrics and every review must be paid for the use of that content. Bottom line, every website who has content on their site pays for it one way or another. ADT doesn't even give the content provider(reviewer) a bowl of soup. Prove me wrong on this please. _________________________
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#7762 - 10/12/03 05:19 PM Re: Legal question. Who owns the rights to reviews?
Mike Meatmaster Pervert Registered: 05/31/03 Posts: 2211 Loc: TX	Don't send in your reviews there if you want to own them. However, you would be best to check with a copyright lawyer and not a public message board for correct advice. _________________________ Formerly Pornfanintx
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#7763 - 10/12/03 06:52 PM Re: Legal question. Who owns the rights to reviews?
RobertF Human Garbage Registered: 04/20/03 Posts: 1630 Loc: SoCal	Quote: Don't send in your reviews there if you want to own them. However, you would be best to check with a copyright lawyer and not a public message board for correct advice. I agree. _________________________ InkedBabes.com - Hot bitches with ink.
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#7764 - 10/13/03 03:00 AM Re: Legal question. Who owns the rights to reviews?
Sergio T. Porn Jesus Registered: 07/20/03 Posts: 5256 Loc: CSW Wrestling - Gracie Academy	In the music business,artists are paid roalities for the performance of the song.They are also paid if they own the publishing rights.If they dont own it,whoever does,gets paid.Also, recording artists belong to organizations such as ASCAP or BMI.Their purpose is to collect royalties for songs used on the radio,films,commercials,during a ballgame-anywhere its played in a public space.Recording artists set-up a publishing company with one of these types of organizations.Thats how they make money. As far as porn reviews go,there is no such organization that collects roayalties.By being on the net,they may be considered "public domain".Also the fact that we use screen names on boards such as this one,may make it harder to prove ownership. Reviews are opinions.The Congress of Copyrights recognizes artistic creations such as paintings,films,music,books-as long as the proper channels are gone through.I know catch phrases have begun to be recognized as businsess endevores.For example,Michael Buffer(boxing ring announcer) copyrighted his famous saying "Lets get ready to rumble." Meaning,if its used in a movie,song etc.,he gets paid. The Congress of Copyrights has pamphelets on what they cover and what they dont.They also handle patents etc.I dont have the address anymore,so you'll have to get that off the net.Copyright laws are always changing.I'm basing all my info on material I had when I was in a band back in 89-95.I'm sure alot has changed since. www.exquisitemenu.com _________________________
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#7765 - 10/13/03 09:32 AM Re: Legal question. Who owns the rights to reviews?
Pornstar2pac Max Hardcore Prison Bitch Registered: 04/30/03 Posts: 380 Loc: ADT 24/7	Thanks alot Chico. Hey, did anyone ever tell you that look look like Al Bundy? _________________________
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#7766 - 10/13/03 01:25 PM Re: Legal question. Who owns the rights to reviews?
Sergio T. Porn Jesus Registered: 07/20/03 Posts: 5256 Loc: CSW Wrestling - Gracie Academy	LOL.I checked out ADT to see their review section.There is a part that says "non-exclusive transferable copyright" at the bottom.All this means is once its submitted,they can do whatever they want with it.They can edit,alter etc. as they see fit.You can still use your review on any other site ,or anywhere else you want. Its like a sound bite studios use to promote films on commercials.The people on the street wont get compensated for saying "This movie rocked!" or "Best movie of the year". I wouldn't worry about ADT.Use your reviews where you want.Its a shame you cant get paid for them.If you were an employee of theirs,then you would've got paid depending on the work agreement between the two of you.I refer to actual employee,independent contractor,project by project pay etc. Its really too big to discuss here without me rambling on and on breaking it down for you.Hope this helps a bit. www.exquisitemenu.com _________________________
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#7767 - 10/13/03 07:54 PM Re: Legal question. Who owns the rights to reviews?
JRV Porn Jesus Registered: 08/03/03 Posts: 5849 Loc: TX, USA	Quote: LOL.I checked out ADT to see their review section. There is a part that says "non-exclusive transferable copyright" at the bottom. All this means is once its submitted, they can do whatever they want with it. They can edit, alter etc. as they see fit. You can still use your review on any other site, or anywhere else you want. Their text is not consistent. I don’t know what it means, except that they probably can’t claim sole rights to a review the way it is written now. The first sentence assigns “a non-exclusive transferable copyright” to ADT – clear enough, no ambiguity there – but the second sentence says “You assign all copyrights for your review” which is also clear, unambiguous, and not at all what the first sentence says. Steph probably asked a lawyer for language to protect ADT from being sued and this is what she got. _________________________ "If they can't picture me with a knife, forcing them to strip in an alley, I don't want any part of it. It's humiliating." - windsock
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#7768 - 10/14/03 05:39 AM Re: Legal question. Who owns the rights to reviews?
ProfessorSnape ADT regular Registered: 09/10/03 Posts: 11 Loc: Hogwarts School of Witchcraft ...	Reviews are like magazine and newspaper articles...once you write them for a site and submit them, they become the sole property of the site. Most review sites on the web have the disclaimer that reviews become the sole property of the website. Whether that would hold up in court or not, is anyone's guess. A similar situation happened when Letterman left NBC...who owned the material - Dave or NBC? Dave obviously got to keep some of his bits (Top Ten List), but others had to go(Dave could no longer call Calvert Deforest "Larry 'Bud' Melman")
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#7769 - 10/14/03 06:29 AM Re: Legal question. Who owns the rights to reviews?
Pornstar2pac Max Hardcore Prison Bitch Registered: 04/30/03 Posts: 380 Loc: ADT 24/7	Quote: Reviews are like magazine and newspaper articles...once you write them for a site and submit them, they become the sole property of the site. Most review sites on the web have the disclaimer that reviews become the sole property of the website. Whether that would hold up in court or not, is anyone's guess. A similar situation happened when Letterman left NBC...who owned the material - Dave or NBC? Dave obviously got to keep some of his bits (Top Ten List), but others had to go(Dave could no longer call Calvert Deforest "Larry 'Bud' Melman") You can't compare it to that. ADT has a 5 line disclaimer. David Letterman and NBC had 25 lawyers 1200 page and forms and cost $500,000. Edited by Pornstar2pac (10/14/03 06:30 AM) _________________________
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#7770 - 10/14/03 06:41 AM Re: Legal question. Who owns the rights to reviews?
wildchild Rob Black's Crack Pipe Registered: 09/18/03 Posts: 53	Cost $500,000 ? _________________________ Please referral me: http://www.xxxwebtraffic.com/join.php?ref=wildchid
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#7771 - 10/14/03 10:09 AM Re: Legal question. Who owns the rights to review
Vukmir Vukmir Bukkake Boy Registered: 04/21/03 Posts: 675 Loc: Belgrade	I would infer that they can do whatever with your unsolicited content and so can you. As someone who has reviewed professionally for websites (not porn), I can rell you that paychecks from Internet sources are typically LOW per-word rate. I used to get $35 for little jazz reviews, and they kiciked me an extra $5 to re-run the things on Amazon -- even though I told 'em "NO." Did I get the unauthorized reviews pulled from Amazon after complaining? NO. So, I quit writing reviews for them, Simple as that. $35 is too damn cheap. But I don't think Hustler pays that much more to its review contributors. So, while I see your point and it is one to sort out, I think your payout calculations are off. Were a site liike ADT to contract for reviews from its posters, I doubt the pay-out would be more than $15 or $20 a review, about the same as the DVD. As I figure it, free DVDs float around, and some steady reviewers are lucky enough to get the free DVD, which is compensation of sort. Then they can sell the DVD later, same as most rock critics who work for next-to-nothing. But, also, I strongly doubt ADT is worth 2.5 mil. Shit you can buy Penthouse magazine for much less!
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#7772 - 10/14/03 10:21 AM Re: Legal question. Who owns the rights to review
Pornstar2pac Max Hardcore Prison Bitch Registered: 04/30/03 Posts: 380 Loc: ADT 24/7	I agree that there has to be a set price paid for a review. Even if it's only a dollar. Don't let their little mom and pop shop fool you. They are ranked a solid 3,000 in alexa, which is more than AVN.com, Hustler.com, or AdultDVDEmpire.com They will always have traffic like that,so I assume it's worth more than I estimated. _________________________
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#7773 - 10/14/03 10:48 AM Re: Legal question. Who owns the rights to review
RobertF Human Garbage Registered: 04/20/03 Posts: 1630 Loc: SoCal	Quote: I agree that there has to be a set price paid for a review. Even if it's only a dollar. Don't let their little mom and pop shop fool you. They are ranked a solid 3,000 in alexa, which is more than AVN.com, Hustler.com, or AdultDVDEmpire.com They will always have traffic like that,so I assume it's worth more than I estimated. Sorry to tell you but being ranked high on Alexa doesnt mean shit except that you can charge your advertisers more. It certainly does not make the site worth millions. _________________________ InkedBabes.com - Hot bitches with ink.
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#7774 - 10/14/03 11:29 AM Re: Legal question. Who owns the rights to review
Pornstar2pac Max Hardcore Prison Bitch Registered: 04/30/03 Posts: 380 Loc: ADT 24/7	Quote: Quote: I agree that there has to be a set price paid for a review. Even if it's only a dollar. Don't let their little mom and pop shop fool you. They are ranked a solid 3,000 in alexa, which is more than AVN.com, Hustler.com, or AdultDVDEmpire.com They will always have traffic like that,so I assume it's worth more than I estimated. Sorry to tell you but being ranked high on Alexa doesnt mean shit except that you can charge your advertisers more. It certainly does not make the site worth millions. If you look at their 2 year traffic chart, you can see it's not some bullshit traffic site. They also just won the contract to be the software provider for Bondage.com I don't think bondage.com is going away anytime soon. I din't base my estimate on alexa traffic alone. There overhead is nothing. When a adult DVD is bought online 65% chance they went to a adultdvdtalk site for info or pricing. I hate to say it but this company will be here 10 years from now. Therefore worth millions _________________________
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#7775 - 10/14/03 07:40 PM Re: Legal question. Who owns the rights to review
Vukmir Vukmir Bukkake Boy Registered: 04/21/03 Posts: 675 Loc: Belgrade	Well, buddy, welcome to Capitalism! Get your site cranked up, program some porno price and review search software, round up some miscreants with at least minimal verbal ability and a 5th grade education, and go to town! Seriously, porn ain't going anywhere. If ADT can be "worth millions" (which I strongly doubt), you can, too! However, if you were concerned about your reviews generating bucks that you won't see, why did you submit them to begin with? The other issue, as I see it, is that many reviews are of such poor, amateur quality that they could ONLY exist as unpaid fodder on fan sites. From what I've seen across the Internet, most so-called "porn critics" have such poor command of basic grammar and vocabulary, let alone logic or rhetoric, that they would never pass muster at a better-than-average school newspaper --- let alone mainstream publications, (I'm allowing for typos and forum shorthand. Just saying a lot of people passing themselves off as the Roger Eberts of Double Anal Funtimes would go hungry in the Non-Porn World). So, why should sites pay for crappy reviews that would be rejected in a more professional arena? Just raising the issue. I think your question is a fair one to ask.
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#7776 - 10/14/03 07:43 PM Re: Legal question. Who owns the rights to review
Vukmir Vukmir Bukkake Boy Registered: 04/21/03 Posts: 675 Loc: Belgrade	I'm also not saying your reviews were crap. I've never read any. They may be awesome for all I know. In which case, more power to you. Take it to the bank, kid!
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#7777 - 10/14/03 08:02 PM Re: Legal question. Who owns the rights to review
Smartt Porn Jesus Registered: 04/30/03 Posts: 5869 Loc: Instead of looking at the girl...	Quote: By submitting your review to ADT you agree to assign an exclusive transferable copyright to ADT. You assign all copyrights for your review and all reviews become property of ADT.com which may edit, alter, retransmit, transfer or use any way it sees fit. There is no financial compensation for submitting reviews and submitting a review does not guarantee that it will be published. It doesn´t hold up in Court. Get ´em, kiddo! Attachments 6448-tcm_shot6l.jpg (94 downloads) _________________________ A new job's not that hard to find, but a new immune system would be a real bitch to get.
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#7778 - 01/19/04 01:14 AM Re: Legal question. Who owns the rights to review
Pornstar2pac Max Hardcore Prison Bitch Registered: 04/30/03 Posts: 380 Loc: ADT 24/7	My question next is sites that use ADT reviews and both ADT and that site(for example Hotmovies.com) agree to do cross promotion by the way of linking and banner placement. Do anyone who actually wrote that review get any cross traffic from ADT. cross traffic is worth money and I think it's wrong for ADT to be able to do heavy cross traffic promotion with others peoples writings. No where on the site says they may use the reviews for making money outside of ADT oh well, maybe I'llnever pass the bar exam. but then again I have a 4th grade education and no one should take me serious Edited by whtzahor4 (01/19/04 05:56 AM) _________________________
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#7779 - 01/19/04 01:59 AM Re: Legal question. Who owns the rights to review
M Lyons Max Hardcore Prison Bitch Registered: 01/02/04 Posts: 237 Loc: UNPAID MODERATOR	It's as simple as this. Anyone who posts a review on our site RETAINS the copyright on it. Owen did a review for us, and he RETAINS the copyright on it. If someone wants to do reviews for shitty sites like ADT, and let them steal the copyright from them, then that's up to them. So what does our policy mean for Owen? Well, since he owns the copyright on the review, we would have to remove it if he wishes. That's the difference between us and ADT. M Lyons Chief Bell Boy for www.xxxskinflicks.com Edited by whtzahor4 (01/19/04 05:48 AM) _________________________ Please visit M Lyons' web site Caged Lyons
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#7780 - 01/19/04 04:51 AM Re: Legal question. Who owns the rights to review
Pornstar2pac Max Hardcore Prison Bitch Registered: 04/30/03 Posts: 380 Loc: ADT 24/7	Quote: It's as simple as this. Anyone who posts a review on our site RETAINS the copyright on it. Owen did a review for us, and he RETAINS the copyright on it. If someone wants to do reviews for shitty sites like ADT, and let them steal the copyright from them, then that's up to them. So what does our policy mean for Owen? Well, since he owns the copyright on the review, we would have to remove it if he wishes. That's the difference between us and ADT. M Lyons Chief Bell Boy for www.xxxskinflicks.com nice site. (not ADT) Edited by whtzahor4 (01/19/04 05:49 AM) _________________________
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#7781 - 01/19/04 06:11 AM Re: Legal question. Who owns the rights to review
M Lyons Max Hardcore Prison Bitch Registered: 01/02/04 Posts: 237 Loc: UNPAID MODERATOR	Thanks, dude, i'll pass it onto the BOSS. M lyons. _________________________ Please visit M Lyons' web site Caged Lyons
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