FOX TV Stations Update Websites' ToU's

[heidi]

I get a Yahoo news alert each day for any news stories that include the words "fanfiction", "fanfic" or "fan fiction", and an interesting "story" showed up today.

It seems that Fox Television Stations, Inc. are in the process of updating the Terms of Use for their websites, and the Atlanta station's TOU update somehow twigged Yahoo's "news" system.

Two clauses that seem to be new are:

You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

FIM does not knowingly accept unsolicited submissions including, without limitation, submissions of scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. FIM's policy is to simply delete any such submission without reading it or forwarding it to other FIM staff. Therefore, any similarity between an unsolicited submission and any elements in any FIM creative work including, without limitation, a film, series, story, title or concept would be purely coincidental.

If unsolicited submissions are sent to FIM via this Site, however, these submissions become the property of FIM and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as FIM sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against FIM, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

There's nothing too original about these concepts. Of course the creator/assignee is the owner of the copyright, and it's been standard for Terms of Use to claim all rights and warn against infringement. What's different is the inclusion of wallpapers, icons and link buttons, as well as desktop themes in the things you're prohibited from creating. I highlight desktop themes because I know a number of commentators have argued in articles and notes that such use, if created by someone for him or herself, would fall closer to the Betamax exception - it's more like creating a mix tape and not a public distribution of anything.

I also was amused more than anything else by the mention of fanfiction in the "if you send it to us we own it" section. I know some fans have argued over the years that the "canon creator" owns any fanfiction anyway, but I have also seen arguments to the contrary, especially when the amount of copyrighted content used by the fanficcer or fanartist is almost de minimus, and it's interesting to see FOX cover its arse, and cover its bases, by adding the "we own it" into the adhesion contract that is a ToU - but actually, they are noting that they own it *only if* someone sends it to them. In other words, they're not saying they own it if you write it, post it, share it with your friends but don't send it to the station or FOX itself. Now, technically, that doesn't *mean* 100% they don't own it if you don't share it with them, but it is an argument that if you don't send it to them, they don't own the work that was generated by you.

I know, I'm weird. I love reading Terms of Use - I've been writing them since 1993 or 1994 - and it's fascinating to see how this update's being rolled out to all the FOX local affiliates, and...

Then, I googled the line about fan fiction, and either FOX gacked it from somewhere else, or it's being gacked by other entities, or the same law firm is working for FOX and the Jerusalem Post and the National Council for Economic Development Organizations.

So all of you, please be warned!* Do not send your fanfic to the National Council for Economic Development Organizations! THEY WILL 0WNZ0R U!



* This is not legal advice or a legal-advice-warning. None of this is.

Comments

[if0x.livejournal.com]

None of this is.

Now you're just getting all post-modern existentialisty. If none of it is, then what, then, does that leave 'this' to be? Can 'this' not 'be', or is 'being' implict in 'this-ness'?

:D

[heidi8.livejournal.com]

I need diet coke to answer this one!

Actually, nothing in my LJ is ever legal advice. But if you see "this" as being even broader and more expansive than my livejournal, and want it to refer to all of teh intrawebz, then yes, occasionally, I type things that are legal advice, but only on three very specific Yahoogroups. And my personal/professional gmail account.

And that's all this being can say about that without something more potent to imbibe.

[shezan.livejournal.com]

But... but... I wanted to send my fanfic to the National Council for Economic Development Organizations! WAAAAAHHHHH!!!!

and isn't the Jerusalem Post mostly all fanfic anyway?

*runs from Caroline Glick*

[ancarett]

I don't know about you, but I always thought there was something suspicious about the National Council for Economic Development Organizations. No fanfics for joo, NCEDO!

[starrysummer.livejournal.com]

Man, now I really want to write some supply/demand one night stand fic. Or perhaps unemployment/inflation hatesex.

[shezan.livejournal.com]

I WANNA READ THOSE!!!!

[starrysummer.livejournal.com]

Unemployment always considered himself the sort of person who cared about the little guy, who cared why the guy on the streetcorner didn't have a place to stay or a high school diploma just wasn't what it used to be. Sure, it made him a little emo (as he'd heard the kids calling it today), but such was the weight of enlightenment.

Inflation, however, would laugh with that cruel, bitter lilt and tell him it wasn't the weight of enlightenment, it was the weight of declining return to labor and the restraint of Minimum Wage who was a bitch who only cared about the people she already knew. God, he was a cruel sonofabitch, but that laugh, that glint in his eye, the way he crossed his legs and talked about noblesse oblige made Unemployment think that, yes, another glass of wine and maybe he could forget about societal ills for awhile.

[shezan.livejournal.com]

And so when Minimum Wage sashayed into Tim O'Reilly's bar that evening, all lambswool V-necked sweater and tappety-tap high heels, for the first time Unemployment forgot to follow her longingly with his eyes as she leaned over the counter to get her shot of Jamieson from Tim. And for the first time she noticed him - she always noticed those who acted indifferent around her. She lit a cigarette, inhaled deeply, and blew a conspiratorial whisper with the smoke.

"Bi-annual wage and salary increases, linked to the Consumer Price Index," she murmured.

She could tell it had gone straight to Unemployment's groin.

[heidi8.livejournal.com]

I love, love, love this. THANK YOU for giving me something good to read (via comments sent to my gmail) during my Day Sans LJ!

[starrysummer.livejournal.com]

Lol, glad you like. :) I had WAY too much fun writing this.

[heidi8.livejournal.com]

THIS should so totally be a Yuletide Fandom in 07.

[heidi8.livejournal.com]

Taxbondage?

[starrysummer.livejournal.com]

Hahaha. Awesome.

[malsperanza.livejournal.com]

Also, StocksBondage, a terrifying subcategory of noncon in which innocent Pension Plans are locked in the basement with a leather hood over their heads, and viciously dominated and subjugated by evil Programmed Traders.

[heidi8.livejournal.com]

And when it becomes a musical, it's retitled Greed Is Good, right?

[seaislewitch.livejournal.com]

*laughs*

Seriously, it's good there's someone intelligent who reads those things and gives the rest of us the gist!

Interesting

[akemi42.livejournal.com]

I love this stuff too. *is so glad to have another legal dork in the fandom*

I am not too familiar with ToU. The only time I have ever dealt with them relates to a part of our company that solicits and funds inventions from outside inventors. They have a web contribution page and this sort of thing is used.

For creative stuff, I find this weird though...especially pointing out that it applies icons, desktop wallpapers, etc regardless of money exchanged. Intuitively I don't like this and think it works against the fundamental goals of intellectual property. It would be like my company's site's ToU telling the individual inventors who contribute ideas specifically that they cannot use patented material owned by the company in their experiments to further their invention. Technically they can't, but isn't it a little bit tyrannical to point that out? Practically it just shouldn't be a concern unless it is for a "legitimate business purpose."

I would see the Betamax example better if Fox were suing the companies that make Photoshop or other software used to make icons. Because the Betamax was contributory infringement, right? Because whoever was the plaintiff in that case was not so stupid that they tried to sue the individual users. They went after Sony (the deep pockets). Here it seems like Fox is hinting at something else and that scares me.

Well, it is Fox...