Copyright on Blog Comment

[terryrayburn]

If you write a comment on someone else's blog, do you own the rights to that comment, or does the blog owner?

Needless to say, I wouldn't hold anyone legally liable for an answer, just asking if anyone has any experience or knowledge of that question.

My purpose is in aggregating some former comments of mine on other blogs in a certain niche, and republishing them.

I realize I could re-phrase or re-write them, but that's not my plan, if it could be avoided.

[Marty S]

Originally Posted by terryrayburn

If you write a comment on someone else's blog, do you own the rights to that comment, or does the blog owner?

Needless to say, I wouldn't hold anyone legally liable for an answer, just asking if anyone has any experience or knowledge of that question.

My purpose is in aggregating some former comments of mine on other blogs in a certain niche, and republishing them.

I realize I could re-phrase or re-write them, but that's not my plan, if it could be avoided.

I re-use forum comments all the time. If the comments are put on my website - I consider them mine until a judge tells me they are not! You can always just edit your terms of use to say you will claim ownership to any comments.

[Michael Oksa]

I believe (not sure though), that the copyright always belongs to the author. Unless you have a statement to the contrary on your blog.

When the work is created, the author (the commenter) has ownership. They also have the right to publish it where they choose (in this case, a blog). However, that doesn't give the source where it was published any additional rights.

A snippet or two may fall under fair use, but be careful.

All the best,
Michael

[Michael Oksa]

Originally Posted by Marty S

I re-use forum comments all the time. If the comments are put on my website - I consider them mine until a judge tells me they are not! You can always just edit your terms of use to say you will claim ownership to any comments.

You could be setting yourself up for a lot of trouble. Of course the chances are slim that anyone will come after you, if they even fnd out at all. But, if they do, it's likely they will have the upper hand in a court of law.

Here's a good read if you're not convinced...

Who owns blog comments? :: Reasonable Man

All the best,
Michael

[terryrayburn]

Wow. Thanks, Michael. Very interesting article.

[Marty S]

Still, nothing to worry about. Its not going to happen and just make adjustment to your terms of use like the article says.

There is so much stealing going on these days with blatant article theft, this kind of "grey" use of content doesn't even register.

[Kurt]

On my Duelz forum, as part of the registration agreement, users must agree that their posts will be published to the public domain, before they can register/post.

[Michael Oksa]

Originally Posted by Marty S

Still, nothing to worry about. Its not going to happen and just make adjustment to your terms of use like the article says.

There is so much stealing going on these days with blatant article theft, this kind of "grey" use of content doesn't even register.

That doesn't make it acceptable, ethical, or legal.

"Everyone else is doing stuff that's worse" is among the weakest of arguments.

It's like the person who gets a ticket for speeding and asks, "Don't the police have anything better to do? They should be out going after murderers and thieves, not poor old innocent speeders."

Yeah, right.

Like I said, you may not get caught, but if it does go to court, and you didn't have a disclaimer (and a legally viable one at that) explaining how it would be used, you could be on the losing end of a court case.

All the best,
Michael

[kindsvater]

Originally Posted by Michael Oksa

I believe (not sure though), that the copyright always belongs to the author. Unless you have a statement to the contrary on your blog.

When the work is created, the author (the commenter) has ownership. They also have the right to publish it where they choose (in this case, a blog). However, that doesn't give the source where it was published any additional rights.

A snippet or two may fall under fair use, but be careful.

All the best,
Michael

Bingo. That's right.

[Marty S]

Originally Posted by Michael Oksa

That doesn't make it acceptable, ethical, or legal.

"Everyone else is doing stuff that's worse" is among the weakest of arguments.
l

If you read carefully Michael, it was referring to article theft, which I am a victim of - very aggravating.

Bottom line is change your terms of use, and its yours. You are running and paying for the operation of a website. Unless Barack Obama leaks one of his own speeches to your blog before he actually says it, you are NOT going to have a problem with re-using some blog comments.

[mikemcmillan]

Copyright provides the author with not only protection for his original work, but also for any future derivative works of that original. Like someone said above, only a judge and jury can tell you if something constitutes copyright infringement, and no one wants it to get that far. See Title 17, U.S. Code.

See Copyright Basics
Copyright Office Basics


"Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:

• To reproduce the work in copies or phonorecords;
• To prepare derivative works based upon the work; ..."

[artwebster]

The question of copywrite can be fixed very easily.
If you write something that you do not want to be used or abused by others, simply post a hard copy to yourself by recorded mail and retain the package un-opened until required. This way you will have an officially date and time stamped copy of the disputed work that can be opened in the presence of suitably qualified members of the legal profession.
When you think about all these jolly little marketers clicking their mouse to spin an article, you would need to have something especially unique to present a successful claim in a court of law.

[terrapurus]

Does your page have a privacy policy? Put your terms regarding comments into that policy so it is clear cut. That way no one can question your use of what someone says.

[jerdude]

I dun think comments have any copyright value at all...

[twannahiga]

I think on other forums as part of the signing up under their registration agreement, users must agree that their posts can or may be published to the public domain, therefore the rights to their posts belong to the forum owners.

[Norma Holt]

In my humble opinion the author retains copyright over any original works, be they comments or otherwise.

Norma

[Asher]

If it's your comment... I don't see an issue why you
can't use your own comment for your own purposes.

If you want to use someone else's comment (as raised
by some people), the least you should do is ask if you
can quote or use it? If not, ah well, a simple re-write
in your own words could easily solve that issue.
Although you won't be able to quote it.

But I'm not trained in such legal issues, so, whatever
I typed shouldn't make any sense at all.

Asher

[Craig Fenton]

Hi Terry:

It is good to ask an attorney the question to see if the state you live in would have the same rules as a general nationwide law. However lets take the courts out of this for a moment. What I always have done as a writer is to get permission fro many comment on a blog, website, forum that has complimented the books or lectures. Asking permission goes a long way in creating credibility and makes people feel good to see their name with a plug.

If Jane Doe writes on your blog that your new Internet Download is the best product in 6 years, ask her permission to use it as a selling point to other customers and have it stated as: By kind permission of.

I have had more photographers and musicians willing to work with me because I give credit for anything that I publish that isn't mine.

Thanks for your time and have a great day!