Eoin Purcell
UPDATE: Writing4all.ie have now updated their terms and conditions and I believe that the terms i referenced in this post have been erased. I am happy to say that they have been much more specific in their language. The ownership clause now reads:
You own your User Content, not us. User Content is defined as text, pictures, video, sound and other files legally posted by you on the Site. You grant the Company and its affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free right to display your User Content (in whole or in part) on the Site or on site affiliates that bear the Writing4all name – Facebook, Twitter. You also grant each user of the Site the right to access, display, view, store and reproduce such your User Content for personal use. You represent and warrant to the Company that you have the right to grant the licenses stated above.
This is a huge improvement!
Eoin
On the face of it, Writing4all.ie seems a nice idea, a place for Irish writers to share, collaborate and build community:
Welcome Guest! You’re viewing these pages as a guest. To be able to add or comment on works please join or login. Writing4all.ie is an online writing community and resource centre for Irish writers. Share your creative writing with others and get instant feedback and constructive criticism.
Our writing resources give you all the latest news on writing courses, writing groups, book launches and workshops in your area. Read the latest news in our blog or discuss books and the world of literature in our lively forums.
Free memberships are available to all and we welcome poetry, fiction, non-fiction and drama. Members can enter our regular poetry, fiction and non-fiction competitions and contests.
Sounds very nice and indeed, if that was it I would be fine with it. But it’s not it. When you read through the site terms and conditions you find this gem (emphasis mine):
You own your User Content, not us. You grant the Company and its affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display your User Content (in whole or in part) and/or to incorporate such your User Content in other works in any form, media, or technology now known or later developed.
What this means is that if you upload writing to the site, Original Writing, the owner of Writing4all.ie and a self-publisher company I have discussed here before, can publish that work without any need to pay you a royalty or even consulting you as far as I can tell. Those are some pretty extravagant permissions!
Most other sites will specify these permissions for the extra content you provide but not the creative writing you upload. The basic problem is that the terms makes no allowances for separating the content that you create on the site and the creative work you upload TO the site. If they made this differentiation clearer and excluded the creative content from the terms above I believe the terms would be much fairer. If you doubt that, read the definition of user content:
You are solely responsible for any activity and content (including, without limitation, data, text, information, screen names, graphics, photos, profiles, audio and video clips, and links to third-party content) that is posted under your screen names (collectively, “User Content”).
It is possible of course that this isn’t intentional and that the terms are simply sloppily drafted but there is much to be wary of here. At the very least the terms as set out need revision and extra definition, not a situation you should allow your content to get trapped in.
Eoin