Copyright Question: Using my own posts from an Internet Message Board

[s5264147]

Memphis, TN


Hello everyone,


I need some help. I was directed to this site by some friends of mine. I have a few copyright questions that hopefully someone here will be able to answer-----or at least be able to direct me somewhere where I can find the answer.

Here's the situation: I've been posting some information on a Private Internet Discussion Board over the past few years under a pseudonym. I am now in the process of writing a book, and I want to use some of the essays I've previously posted on that Message Board in the body of my book. The board is an advice site where I have been offering insights to the members on how to solve different relationship issues.

Registration to participate on that message board states in the fine print that they have the future right to use whatever info I've already posted there. In fact, here are the exact words from the registration sign in screen that has given me pause:


* Any message posted to this forum becomes the property of SoSuave.com/Global Marketing/Allen Thompson and may be used at some point in the future.*


So far, I've seen no evidence that this site's owners have made any attempts to use, publish, or distribute any of the things that I've posted so far over the past years.

So my questions are:

1. Is it legal for me to copyright MY OWN WORDS/ ESSAYS that I've posted there for inclusion in my book without inviting a lawsuit from that message board?

2.If not, is there some other way you can suggest for me to get around this?

Thanks in advance for ANY help that you good people can give me.



S

 

[seniorjudge]

Since you published your stuff without a copyright, you have lost the copyright privileges.

HOWEVER

I am not a copyright lawyer.

I would consult one if I were you.

 

[s5264147]

Thanks for your reply, Senior.


I'm beginning to think you may be correct. But I will be looking a little deeper into it, though.

 

[nukeemusn]

One commonly overlooked solution:
Ask the owners of the boards.

Many times, content owners will be more than happy to license the content to you (even though you made it) as long as they're given credit of some type. This is especially true for websites becasue most are funded by advertising, and anything that would drive traffic to teh site is a plus.

 

[Michael Wechsler]

This is a complicated question on many fronts. To add a thought, there may be joint rights, e.g. you write 3 paragraphs on XYZ and post them on your blog and later also post them on a board that has the above terms of use. Can the board claim that your post compelled you to relinquish your rights to your posts and remove them from your blog? Did you really understand the language above to mean the aforementioned?

But let us talk practically. Most sites don't want to have trouble and will be glad to work with you to achieve a solution that works for both of you. I'm not sure that the above wording is optimal both regarding interpretation and practicality. Most boards state that they have a right and license to use your posts for a wide variety of purposes but not at the exclusion of the owner. It's a similar policy on most large community and user generated content sites. Imagine if you liked creating mobile phone wallpapers and the moment you uploaded them, this company owned all your rights, even against you? The entire community would pack up and leave if this were the case and enforced.

You might be best served by discussing the issue with them and getting a written agreement that reflects your rights in the copyright and clears you to accomplish what you seek. Best of luck...