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Are You Sure You Know What "Rights" Mean?

by E. Brian Rose
13 replies
I have been seeing some pretty funky rights assigned to products lately. Here is an example of a set of rights I saw today for an ebook. Can you see the problems?

[Yes] can be sold
[Yes] can sell resale rights or master resell rights
[Yes] can add the product into your product bundle or package and sell for a higher price
[Yes] can be added to a paid membership site
[Yes] can give the product away for FREE
[No] cannot use on squeeze pages or email lists
[No] cannot use as a bonus
[No] cannot be added with other products
[No] cannot sell online
I'm starting to think the same person who writes those spam blog comments is writing these terms

If you create product, take the time to carefully decide what rights the buyer has. When I saw the rights above, my first thought was this guy has no idea what he's talking about. All credibility was lost right then and there.
#rights
  • Profile picture of the author Kay King
    So the answer is "yes...and no"?
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  • Profile picture of the author hustlinsmoke
    I did not see where you couldnt sell it to your grandma lol. Yeah its a little lame of off shelf.
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  • Profile picture of the author David Keith
    This guy is obviously a politician because he is talking out of both sides of his mouth, and "flip flopping" on the issues in the same paragraph.
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  • Profile picture of the author mojojuju
    Are the double negatives the issue here?

    Is it that this:

    [Yes] can be sold
    [Yes] can sell resale rights or master resell rights
    [Yes] can add the product into your product bundle or package and sell for a higher price
    [Yes] can be added to a paid membership site
    [Yes] can give the product away for FREE
    [No] cannot use on squeeze pages or email lists
    [No] cannot use as a bonus
    [No] cannot be added with other products
    [No] cannot sell online
    ... could be interpreted as this...?

    [Yes] can be sold
    [Yes] can sell resale rights or master resell rights
    [Yes] can add the product into your product bundle or package and sell for a higher price
    [Yes] can be added to a paid membership site
    [Yes] can give the product away for FREE
    [Yes] can use on squeeze pages or email lists
    [Yes] can use as a bonus
    [Yes] can be added with other products
    [Yes] can sell online
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    :)

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  • Profile picture of the author mrtreyk
    There's a ton of PLR out there that have very similar issues...
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  • Profile picture of the author jamesrich1
    That is pretty funny. He said no to everything he approved originally. Those blog comments get pretty creative. They really go overboard in complementing you in the most broad way. Like "This was the most informative information on the subject ever given. I am highly impressed with the authors knowledge on this subject. And on and on." Then some drug website is behind the link. Tons of marketers must be cleaning up selling pills. That was completely off subject but you mentioning blog comments brought that to mind.
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  • Profile picture of the author Ed Micah
    I've seen couple of those 'rights' statements before. Seriously, take some time to think about the rights you are giving out... Just like Brian has mentioned, the credibility could be all gone already!
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    • Profile picture of the author Kay King
      Are the double negatives the issue here?
      That could be the case. The person may have thought long and hard about how to answer - when the best option would have been to change the options to begin with.

      Either list things you can do - or things you can't do.
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      Saving one dog will not change the world - but the world changes forever for that one dog
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      Live life like someone left the gate open
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  • Profile picture of the author E. Brian Rose
    Most of these "rights" text files are hardly legal documents anyway. During my time in video production, we bought or leased the rights to video and audio clips quite frequently. Each time, we had to sign an agreement or agree to certain terms online.

    Adding a few lines of [Yes] or [No] and slapping it in a text file hardly constitutes a legal document. Eventually, there will be a lawsuit and the judge will look at these "rights" and laugh.

    If you really want to protect your products, then put some thought into it and do it the right way. This kindergarten licensing is going to bite somebody in the rear sooner or later.
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    • Profile picture of the author jacktackett
      Originally Posted by E. Brian Rose View Post

      Most of these "rights" text files are hardly legal documents anyway..... This kindergarten licensing is going to bite somebody in the rear sooner or later.
      So true Brian. As a writer I've signed many contracts (work for hire) spelling out what was being sold/purchased. With a date/signature etc. I agree we're going to see a big ol' wake up slap sometime soon with these [yes]/[no] text documents....

      --Jack
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    • Profile picture of the author kindsvater
      Originally Posted by E. Brian Rose View Post

      Most of these "rights" text files are hardly legal documents anyway.... Each time, we had to sign an agreement or agree to certain terms online.
      Yes and no. If you are simply including a text file as part of a download, that is never seen before the purchase, that is a problem.

      But if the "rights" are listed on the sales page or otherwise explained before purchase, there does not have to be some special "legal document" to make them enforceable.

      But I agree, when you see garbage as shown in the original post, where the seller has no clue what they are doing, (1) the product is likely garbage and shouldn't be purchased, or (2) you can probably do anything you want since they'll never enforce anything.

      Buy it yourself, give master resell rights to your company, and let your company do whatever it wants.

      .
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  • Profile picture of the author Alexa Smith
    Banned
    Originally Posted by E. Brian Rose View Post

    I'm starting to think the same person who writes those spam blog comments is writing these terms
    LOL ... yes indeed: somebody didn't think those through at all! :p

    You can sell master resale rights to the product, but you can't give it away as a bonus, or even sell it online?! It makes absolutely no sense at all ...
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  • Profile picture of the author danr62
    Wow. Just wow.
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