Product Rights - Wisdom and Foolishness

6 replies
I have noticed over the years that some rights become so convoluted that they are ridiculous.

It used to be that everyone had the same "general" idea what given rights were.

For example "Resale/Resell Rights" (commonly RR) meant you could sell the product to someone else. Usually in information, it meant you could reproduce and sell the product as much as you wanted. Some people tried to restrict the right to sell below a certain price point.

Master Resell Rights (MRR) meant not only could you sell the product and make as many copies as you wanted, but you could pass on the right to resell, or even the rights to Master Resell... Here's a spot where some of you may recall seeing some sticky issues arising. If one MRR said you could pass on Master Resell Rights, but one didn't, you were obligated to abide by the rights under which you obtained the product. Which meant reading the license, which often times was written by someone who didn't know what they were doing, or who didn't bother to provide the license.

Rebrand Rights (abbreviation anyone?) meant you could change the affiliate links or whichever specified advertisements in the product with your own (or someone else's if you wanted)

Private Label Rights (PLR) possibly one of the most convoluted rights out there. Depending how the license was written, you could rewrite, rebrand, label as your own product, etc.

Eventually, to help clarify things, people started adding a list of examples of what you could or couldn't do with the product. This summary developed into a table of [YES] You may do abcdefg... and [NO] You can't do vwxyz.

Years ago there was a lot of talk about how many people were starting to just include their summary box and no license terms.

A summary box would be VERY difficult to hold up in a courtroom, and doesn't even define what jurisdiction would apply in a dispute. In many cases it gets looked at as a "you shouldn't do vs. you should do" not a "you can't do vs you can do"

To take, for example several products I've seen, which have the same "PLR rights"

Your Private Label Rights:

[Yes] Can be sold
[Yes] Can be converted to any format
[Yes] Can be edited
[Yes] Can be offered as a bonus
[Yes] Can be included in "paid" membership sites
[Yes] Can be combined with other offers.
[Yes] Can be turned into a DVD
[Yes] Can claim yourself as the author or producer of the audio.
[Yes] Can sell on eBay.com.
[Yes] Can pass Private Label Rights
[Yes] Can be used as free web content
[Yes] Can be given away free
[Yes] Can be uploaded to YouTube or other video hosting sites.
[Yes] Can Pass Resale Rights
[Yes] Can Pass Master Resale Rights
[Yes] Can pass the source code files along to customers.
[No] Can be sold as a WSO.
[No] Can offer as a bonus to a WSO, or resell on the Warrior Forum as a Classified
This being the entire license agreement offered, leaves a lot of questions unanswered.
It doesn't say whether or not your giving away resale, master resale, PL Rights requires any payment, so one person could argue that by these terms the first person to buy the rights can (keeping with what IS said above) they can take the entire video course, as is, claim it's their own personally created product, and GIVE AWAY all the same rights for no charge, for free.

And getting an answer of 'yes' from a license holder, who never got a yes to that question from the original licensor (i.e. actual creator) may be giving a right to you that the original owner never gave to the PLR buyer who sold it to you.

And btw- there is nothing that dictates on the sales page, or worse yet on the first reseller's page that requires the buyer to acknowledge the rights they do or do not have.

Similarly, other packages include the following as their entire license agreement.

[Yes] You can sell it
[Yes] You can convert to other formats
[Yes] You can edit it
[Yes] Can claim yourself as the author/creator.
[Yes] Can pass Private Label Rights or lesser Rights
[Yes] Can be uploaded to YouTube.
[Yes] Can pass the source code files along to customers.
[No] Cannot be given away free
[No] Cannot be added to free membership sites
[No] Cannot be used as content on free sites
[No] Can offer as a bonus to a WSO, or resell on the Warrior Forum as a Classified
Isn't YouTube a Free Membership Site?
Isn't uploading to YouTube a means of GIVING IT AWAY?
If I CAN upload it to YouTube, but I can't give it away, what about a YouTube clone?

My personal favorite:
You have PLR rights to this package
Without anything not in the original license, I'd like to ask 5 judges from the same state or country what the holder of this 'license' has. (Not to mention someone could claim that another product was in this package when they got it, whether it was or not, creating the 'perception' that they honestly 'believed' they had proper licensing.

I know we can't settle this, but for all the product creators who read this. PLEASE put more to your rights than a checklist of yes and no. The summary started off as an answer to the frequent questions of "Well, can I do this?" These were never meant to be a 'quick way' to define the entire license agreement.
#confusion #foolishness #misconception #product #rights #wisdom
  • Profile picture of the author Ben Gordon
    Thanks for the information Scott. People should really clarify the rights.
    {{ DiscussionBoard.errors[3777449].message }}
    • Profile picture of the author Scott Burton
      Originally Posted by Ben Gordon View Post

      Thanks for the information Scott. People should really clarify the rights.
      I'm kind of surprised to see so little response to the subject. Either it didn't grab traction, no one was reading, or something.

      (If a lot of people disagreed with me, I'd have heard about it by now)

      Originally Posted by Scott Burton View Post

      I know we can't settle this, but for all the product creators who read this. PLEASE put more to your rights than a checklist of yes and no. The summary started off as an answer to the frequent questions of "Well, can I do this?" These were never meant to be a 'quick way' to define the entire license agreement.
      As a quick additional note, I have no problem with these summary checklist type things themselves, they are great for illustrating the general uses one can put the product to, and as such, they can be great in your sales material.
      Signature

      - = Signature on Vacation = -
      (We all need a break from what we do for a living. I thought it was time my signature got a break too)

      {{ DiscussionBoard.errors[3783969].message }}
  • Profile picture of the author JoeBoo
    Banned
    [DELETED]
    {{ DiscussionBoard.errors[3783978].message }}
    • Profile picture of the author StudioArtha
      Scott,

      Perhaps the best answer is that these "licenses" are not written by anyone practiced in the field of law. And they simply would not hold up in any court.

      Imagine you wrote a PLR, and then included the summary box with it. You take a look and decide that you want to add your own contribution to it. It might look something like:
      [Yes] You can sell it
      [Yes] You can edit it
      [No] Cannot give it to anyone older than 18
      [No] Cannot sell it to parents or other family member
      [Yes] You can give it away, but only on Tuesdays

      This example is goofy. But from the perspective of actually law, so are "rights" when they promised as law but are unenforceable.
      {{ DiscussionBoard.errors[3784098].message }}
  • Profile picture of the author ladywriter
    But there are really so many possibilities that it's hard to spell out every contingency, isn't it?
    {{ DiscussionBoard.errors[3784138].message }}
  • Profile picture of the author whaldorf
    Once any kind of sharing rights are assigned to a product, whether it's giveaway rights or PLR, the copyright holder might as well walk away from any efforts to enforce distribution limitations.

    Especially with such loosely written terms as you outlined above.
    {{ DiscussionBoard.errors[3784147].message }}

Trending Topics