A lot of bloggers talk about a single topic more often than any other – the ownership of data/content. This is all well and good that the tech elite are so informed about this topic, but it scares me that “normal” social media users (your mom and dad possibly) haven’t a clue in regards to what this even means for them now and in the future.
Sure, 90% of users don’t necessarily care about this topic – with that I will certainly agree. But what if we took the time, just a few short minutes and explained it to them? Would they care at that point? I’d venture a guess to say yes – yes, they would care. Maybe not in the way that you or I would care, but nonetheless, they’d care.
This problem struck home even further today when I was reviewing (yes, by reviewing I mean read – I read them all) the terms of service for four websites that I visit each and every day, and what I learned from the reading is that only one actually truly respects you and your content (to a certain extent). These websites have varying levels of interaction and social features, with one of these sites being used simply as the “control” for the purposes of this “experiment” (although I do use the service daily).
I choose to not disclose the sites I visited simply because I want to point out the differences in their terms, not because I want to single anyone out. I simply wanted to see the licenses that we “give” to sites when using their services and upload/create content on them, and in return, how those licenses are returned, expired, etc. if we, as users, choose to simply delete our content or accounts from the website.
The site that I used as the control is by far “an industry leader” in terms of its user base and traffic, so it made sense that I looked at its terms first to create a benchmark. All sites include similar wording relating to “giving” an “irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.” Note: While the wording is similar, this website was, by far, the most inclusive of your rights as a user.
The key point here though is the fact that this site, while “getting” a perpetual license, is the only one that makes it simple to revoke that license. You simply have to delete your account and poof, license reversed… “You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content.”
The second site is close to the first, but there are still question marks. For me, when there are questions, I tend to shy away. This site tells me that the “licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the XYZ Service.” My question is, what is a “commercially reasonable time”? A week, month, year? But the real issue I have is that they tell me that the “licenses granted by you in User Comments are perpetual and irrevocable.” Excuse me? You can use my comments forever – first you tell me they are still my copyright, but then you tell me that I do not have the rights related to the license of that copyright?
The third website has the same terms as the first two regarding the license, although this third site looks like it was more of a copy-paste from a free terms of service text provider. It is not as in-depth as the first two and does not mention anything about my rights for removing my account or my content. Nor does it mention how the content is handled if I do (or am even able to) remove my content and account. This site does provide an email address stating that “You may revoke this license at any time by contacting our copyright agent at XYZ email address,” but this term does not directly address what actually happens to the content itself after contacting their “copyright agent.”
The final website simply gave me a headache. I will, in the future, refer to this site as the Sarah Palin of terms of service because when it came to my rights, the licenses I “give” and the revoking of those rights, the terms simply never provided any coherent answers to the questions I was looking for. Sure, this site was the most comprehensive in their legal wording, but that just singled to me that they would be the most difficult to work with if I ever wanted my content removed. This feeling was somewhat summed up in the terms stating that they could “incorporate such User Content into other works in any format or medium now known or later developed,” telling me that what I provide is perpetually theirs with the caveat that I’d never be able to revoke that right I provide them.
With these terms fresh in my mind, I simply caution any user, heavy or light, of social media product/services to be aware of the terms governing your use of the website and associated services. Also, always know and understand what rights you are handing over to the website or subsequently a third party prior to initiating the use of a website or service. Finally, I will always recommend controlling those rights from the outset and building your own content home base, be it a website, service or newletter, and be creative about how you gain readership, users and fans.
