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Paddlepop

Copyright/ownership of our EB posts?

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Paddlepop

A question for the EB admins @Sandra and @Chelli, or anyone legally minded : who owns our posts? Do Nine/Fairfax own them or do we own them? If we copy them and then for instance paste them over at the new forum will we be breaching copyright of them, or is that legally okay? I've had a look at the rules and conditions of both Fairfax and Nine and they contradict each other. To me it seems that Fairfax claims ownership and Nine allows the author to keep ownership. Which one is relevant for EB? 

Fairfax:

http://www.essentialbaby.com.au/conditions-of-use

Nine:

https://login.nine.com.au/terms?client_id=9nowweb

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RexIsBest

The Fairfax ones cover the use of EB so they are the ones you would need to adhere to. Included in there is this bit which says by continuing to use the site you agree to: 

(e) unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.

so it would seem no one can claim ownership of their posts.

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null

I am not sure that waving moral rights means that Fairfax has ownership though. From https://www.mondaq.com/australia/copyright/265880/copyright-and-moral-rightstake-it-personally

Quote

Under the Copyright Act 1968 (Cth) an author has three moral rights:

  • the right to be identified as the author of their work (the right of attribution)
  • the right not to have a person falsely assert or imply that they are the author of a work (the right not to have authorship falsely attributed)
  • the right not to have their work subjected to derogatory treatment which is prejudicial to their honour or reputation (the right of integrity of authorship).

And it seems implied that we own the copyright because the terms of use (http://www.essentialbaby.com.au/conditions-of-use) use the word "grant"?

Quote

By uploading, transmitting, posting or otherwise making available any Material via the Fairfax Network, you:

(a) grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form and for any purpose;

(b) except where expressly stated otherwise, also grant each user of the Fairfax Network a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form for any purpose, subject to the Conditions;

 

Edited by null
Added reference to terms of use and the use of the word "grant".

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Just Jack

Does it matter?

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Kiwi Bicycle
25 minutes ago, Just Jack said:

Does it matter?

People are wondering if they can take a post they nade here and repost it on anither forum. For example I made some posts reviewing period underwear and because I have posted it here first, but would like to repost on another forum for people to have access, is that allowed? That's why people are asking.

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~Jolly_F~
29 minutes ago, Just Jack said:

Does it matter?

Well obviously it does to some people 🙄

Something  mattered enough to you that you felt had to comment... 

  • Like 3
  • Haha 3

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DirtyStreetPie

I think you're allowed to copy the text of your posts, but Fairfax is also allowed i.e. we're not allowed to be p*ssed if they use our posts for stuff. So they're protecting their rights to do shit, rather than stopping you from doing shit.

That's my interpretation anyway, as a bush lawyer. :D

Edited by DirtyStreetPie
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RichardParker

Moral rights to the copyright are different to the Copyright in the text. Just do what you want with your own contributions- as if they’re going to sue every member for copying their own posts. 

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Just Jack
12 hours ago, Kiwi Bicycle said:

People are wondering if they can take a post they nade here and repost it on anither forum. For example I made some posts reviewing period underwear and because I have posted it here first, but would like to repost on another forum for people to have access, is that allowed? That's why people are asking.

My point was - what are they going to do? Probably nothing, is my view.  So the strict legal answer is probably less important than what's practically likely to happen. Thus my 'Does it matter?'

If they thought there was value in the posts, they'd be selling the site. Atm as i understand it, the plan is just to take it down.

 

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unicycle

My kids shook their heads at me about a year ago and asked me to delete my posts about them here. They looked at who was running the shop and were not happy I had written about them and what the owners might do.

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s-m

Are they going to take it down though? The email I got said they were going to "close" the forums which could mean a rang of things - will the content remain online and accessible or will it be removed and retained by Fairfax or removed and deleted?

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YodaTheWrinkledOne
16 hours ago, Just Jack said:

My point was - what are they going to do? Probably nothing, is my view.  So the strict legal answer is probably less important than what's practically likely to happen. Thus my 'Does it matter?'

If they thought there was value in the posts, they'd be selling the site. Atm as i understand it, the plan is just to take it down.

 

This is my take as well. Unless you start make millions from it (& if you do, let me know the secret), I doubt Fairfax is going to notice what you do with the old posts. This is not even a blip on their horizon, the execs who made the decision have probably forgotten all about the EB forums by now.

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Chelli

Hi all

As far as I am aware, the EB forums will be deleted, so nobody will be able to access any material after they are closed. A lot of the rules around copyright would have been made with protecting the EB forums and forum content in mind. Now that the forums are closing, time has been allowed for members to copy their posts and other things that are sentimental, so if they are reposted elsewhere, I guess that should be expected. 

 

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