| |
In lugnet.publish, Horst Lehner writes:
>
> > All submissions become property of Brickshelf L.L.C.
>
> In my opinion, this is by far too simplistic and extensive.
> Does it mean I will not have the right to use the scans I created and
> submitted to brickshelf in other ways, as I see fit (of course limited by
> the LEGO Group's copyright)?
> Does that mean Brickshelf L.L.C. will have the right to use my scans
> commercially (of course, again, limited by what the LEGO Group permits
> them)?
> I think this point needs modification or at least clarification before I
> will submit any more scans ...
That is required to prevent claims from those who submit material to us.
It is standard business practice (think of contests where people submit
entries). To be clear, yes it does mean that you give up any and all rights
to scans you submit to Brickshelf. Keep in mind that the overriding factor
in this case is the original copyrighted material owned and controlled
by the LEGO Company.
KL
|
|
| |
Hello Kevin,
> > > All submissions become property of Brickshelf L.L.C.
> >
> > In my opinion, this is by far too simplistic and extensive.
> > Does it mean I will not have the right to use the scans I created and
> > submitted to brickshelf in other ways, as I see fit (of course limited by
> > the LEGO Group's copyright)?
> > Does that mean Brickshelf L.L.C. will have the right to use my scans
> > commercially (of course, again, limited by what the LEGO Group permits
> > them)?
> > I think this point needs modification or at least clarification before I
> > will submit any more scans ...
>
>
> That is required to prevent claims from those who submit material to us.
Which types of claims are you talking here? I can see that submitting does
not GIVE them any rights above and beyond the ones they have, so they cannot
CLAIM anything. But how could they claim any rights, from submitting to
Brickshelf?
> It is standard business practice (think of contests where people submit
> entries).
That does make sense for contests where a non-digital work is being sent in,
because it is not even possible to keep an identical copy for personal use.
So, what use could I make from any retained rights?
It is not acceptable (and I never take part in such contests) when even my
personal use of a digital work is prohibited after I send it in.
> To be clear, yes it does mean that you give up any and all rights
> to scans you submit to Brickshelf.
And this exactly is what I think is unreasonable. Assume I need a printout,
or want to give one to a friend. Do I really need to download the scan again
from brickshelf before I am allowed to print? Or assume the brickshelf
archive disappears at some point, but I still have a copy of the scans I
submitted. Wouldn't it at least then be reasonable to let me put up the
scans on my website, or submit to another archive?
And what about scans submitted prior to this policy change?
> Keep in mind that the overriding factor in this case is the original
> copyrighted material owned and controlled by the LEGO Company.
I understand that. So, if the LEGO Company objects to any of the things I
could do with the scans I submitted, that's a different thing. But why would
you want to object?
Again, this discussion is not intended to neglect your work on the
brickshelf archive. In fact, I am as thankful as many others who have
expressed so in response to your announcement. I just don't see why this one
point needs to be regulated so narrowly. I may accept if a good explanation
is given, but, so far, I don't see one.
Greetings
Horst
|
|
| |
In lugnet.publish, Horst Lehner writes:
>
> Which types of claims are you talking here? I can see that submitting does
> not GIVE them any rights above and beyond the ones they have, so they cannot
> CLAIM anything. But how could they claim any rights, from submitting to
> Brickshelf?
Read what I wrote carefully. It adresses material *submitted*
to the Library. That means you have no control over what Brickshelf
does with it's copies of what you submit. In other words, you can't
revoke your submission, or suddenly decide you want a royalty for it's use.
Imagine what might happen if TLC authorized us to sell Instruction CD's?
None of this concerns what you do with your scanner or your copies of
what you submit, it only concerns Brickshef's rights to the material
submitted to it. If we meant to control what you do with your copies,
there would be other language to that effect. (think of contests
where all submissions become their property, but if you win you have
to agree to sign over all rights to receive the prize).
Also, this only applies to Library submissions, not gallery content uploaded
by users (which is covered by the gallery TOS).
KL
|
|
| |
Hello Kevin,
> None of this concerns what you do with your scanner or your copies of
> what you submit, it only concerns Brickshef's rights to the material
> submitted to it. If we meant to control what you do with your copies,
> there would be other language to that effect. (think of contests
> where all submissions become their property, but if you win you have
> to agree to sign over all rights to receive the prize).
I am glad to hear this from you directly. Maybe the whole issue here is that
English is not my mother tongue, so I didn't get the proper meaning of the
jurisdictional terms.
How will you handle scans that have been uploaded before this policy change?
For my part, you can handle them as you do with new submissions ... but
that's just me.
> Imagine what might happen if TLC authorized us to sell Instruction CD's?
They hopefully will also be usable on non-Wintel computers ;-)
Greetings
Horst
|
|
|
