questions about copyright on our post on College Confidential

<p>this is really a question to CC administrator, but any insight from the wise folks will be appreciated.</p>

<p>(1) Anything I post on this board: I still have the right to publish it in any form and shape through any media, since it’s my material, correct? I own the content I post on this board. Is this true? Or, is CC in a position to forbid me from using the material in any other form and avenue?</p>

<p>(2) By posting anything on the board, am I giving CC the unilateral right to use them, maybe even publish them as the intellectual property of CC without my permission?</p>

<p>Obviously, (1) above is a much more serious concern that the (2).</p>

<p>Please note that I am talking about original content I created, NOT something I copied and pasted or got from somewhere else.</p>

<p>sunrise, I’m not a CC admin or Moderator, but here is what the TOS link says:</p>

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<p>This does not answer the (1), but sheds light on the (2).</p>

<p>You probably already saw this in the CC disclaimer:</p>

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<p>Why do you ask?</p>

<p>Veryhappy: the OP created an intensely poignant and incredibly well-written thread over the past six months…and has been highly encouraged to share her experiences in a published form</p>

<p>I cannot imagine that CC would interfere financially or otherwise with your attempting to publish your writings here, sunriseeast. It had nothing to do with “getting into college” other than the fact that you were a mom of a senior when you wrote it. You should contact the owners of the site and discuss. I know what the site says. But contact someone in person and chat about what transpired over the course of your treatment.</p>

<p>I heard that excerpts from a thread I started “stupidest reason kids won’t look at a college” was quoted in a national journal. Maybe NYT? </p>

<p>Should I be getting royalties?</p>

<p>I’m just joking, CC! Don’t banish me!</p>

<p>Sunrise, you might want to look into starting a personal website or a blog-like site. It is not very hard. That way, all of the content on your site will belong to you, and you can point us, CCers who are cannot wait to read the next chapter of your story, to your site by telling us how to find it or linking it in your personal profile (just like Alumother did with her blog). And I second sunnyflorida’s suggestion.</p>

<p>OP: I had not ventured into that thread but just took a peek at the last few posts. I admire you and apologize for not knowing why you were asking this question.</p>

<p>thanks for your feedback.</p>

<p>If CC does something with what I posted, I have no problem with that. I don’t think they can publish anything with a limited sample of essays I posted.</p>

<p>The real concern is really the (1). I do believe that I retain a right to do whatever with what I posted. There is no reference that indicates that they have the right to forbid me from using my material somewhere else. If they have such a right and try to exercise it, it will drive a lot of people from CC, and I highly doubt that’s in their interest.</p>

<p>How can I find the thread that is being referred to here? From what I see on my computer screen, the OP has 0 posts, so I don’t think I can search based on that name.</p>

<p>Nevermind, I figured it out.</p>

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<p>But isn’t that exactly what a copyright does? Give the party exclusive control of the material? See post #3.</p>

<p>No, copyright is not necessarily “exclusive”. It can be shared and it can also be subdivided. (For example, an author may sell print rights to one publisher, reserving electronic rights, translation rights, film rights, etc.)</p>

<p>CC wants the ability to use the stuff that is posted without fear of getting sued by the original posters, hence its TOS. But that doesn’t mean that someone who posts here is giving up their own rights to their original text – it just means they can’t stop CC from using or disseminating the same material. You’ll note that the word “exclusive” does not appear in the CC statements as to “property” and copyright. </p>

<p>Hypothetically the problem could arise if a very prolific poster decided to write a book about financial aid, or essay writing, or how to get into Harvard – let’s say for example the book was the “Xiggi Guide to the SAT” – and CC decided to put out its own book about SAT prep, in direct competition with Xiggi’s book, published at the same time, including all of the best Xiggi posts, but also including additional material. That would hurt book sales for Xiggi – all the reviewers on Amazon would rightfully point out that the CC book had the same stuff and more – and CC would be protected by its TOS.</p>

<p>However, that doesn’t mean that Xiggi can’t use his stuff in his own SAT book, or that he owes CC any money if he publishes and earns a ton of royalties. On the other hand, a publisher might think twice about giving him a large advance, given the fact that his book would consist largely of previously-published material. (Why pay an author a premium for recycled goods?) </p>

<p>The more intriguing question, to me, is whether CC has a right to enforce an action for copyright infringement against a third party who plagiarizes from this site. Let’s say hypothetically another publisher and web site owner – I’ll call them College Trawler – decides to post reviews of colleges with quotes from real students, but rather than getting its own quotes simply comes to CC and copies and pastes liberally from the site. Can CC sue them for copyright infringement? What if College Trawler sent PM’s to the people it quotes from and secures their permission, or even pays them a token amount – do they have a defense against CC’s claim of copyright infringement, on the theory that the original author is free to resell their work?</p>

<p>I’d note that in my current line of work, I am involved in both internet & print publishing, and often have occasion to want to republish articles that have first appeared in major newpapers. Generally I need to contact both the publisher and the author to secure the rights.</p>

<p>It can’t hurt to ask the admins whether CC would have a problem with you publishing the material. Given that the content is unrelated to CC’s areas of interest, I don’t see any reason why they would object to you publishing it.</p>

<p>^^ Right, but the key thing is that CC has the final say, not sunriseeast.</p>

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<p>I think this is where it could get sticky. If CC sees profit potential in publishing sunriseeast’s material, I think sunriseeast would be the loser, and would have no recourse.</p>

<p>I’m not sure what Sunrise’s concern is.</p>

<p>If Sunrise has a personal story to tell about a situation that is in her life/family, and she has shared some of it here on CC, I don’t think that means that should couldn’t rewrite her own story and publish it. CC doesn’t own her life story. However, she probably shouldn’t completely copy/paste her sentences from CC. </p>

<p>Many of us have said things on CC…I’ve said that I have many siblings. I’ve said that I have a sister with a kidney transplant. I’ve said that I’m a California native. If I wrote about my life in a magazine or book, CC can’t claim to have the “rights” to that info that I may have mentioned here. </p>

<p>Can you imagine such a claim? Uh, you can’t say that you have many siblings because you said that on CC. You can’t say that you were born in Calif, because you said that on CC. You can’t say that you’re married with 2 kids because you’ve said that on CC. It would be ridiculous. We haven’t sold the rights to our own life stories.</p>

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<p>No, I disagree. Whatever rights CC has are shared with sunriseeast, but as it is her work, she does not need permission to re-publish it in any form. She can’t sue CC for its use ruse or reuse, but they certainly can’t stop her. </p>

<p>As a legal matter, I don’t see how CC could possibly claim to have any right in derogation of her own without having paid her. What would be the consideration to support that claim?</p>

<p>It would be different if she was employed by CC – if CC pays its moderators, even a token amount, CC may very well have a claim to exclusive ownership of what they write. </p>

<p>When I wrote my first book, I insisted that it be written into my contract that I had rights to republish excerpts of up to 500 words in specific contexts – I knew that once I accepted money under the book contract, that I would have to go to the publisher for any sort of permission. </p>

<p>But sunriseeast is a different situation. CC didn’t hire her, they didn’t pay her. All they have is some butt-covering language buried somewhere on the web site that protects them against potential claims by posters. It may not even be an effective assertion of that right – that is, if I was a lawyer advising CC on the publication of its book of sunriseeast’s eloquence, I’d tell them, “not so fast.” There’s no contract here, just a one-sided proclamation of a “right” that probably would NOT stand up in court if CC published excerpts that went beyond it’s own definition of “fair use.” (“brief excerpts, a sentence or two”)</p>

<p>I’d note that the registration form for CC makes no reference to CC’s claim of ownership of material or of participants relinquishing any rights.</p>

<p>She needs to find out from CC. I asked a family member who is an attorney and he said that it might not be an issue for her to self-publish, but a publishing company might need to figure out all the copyright issues and might have concerns, given the language used in the disclaimer. But he said, what matters is what CC says when asked. I can’t really imagine they would try to claim ownership of a poster’s personal story. It’s one thing if they tried to publish the CC Weightloss book for dummies, based on the collective wisdom found here, it’s another to completely take one person’s life story and try to claim ownership. I think the purpose of that disclaimer is to forestall any problem if quotes get taken off the site and used in newspaper articles, etc. Or if CC did want to suddenly publish the CC Insiders Guide to Colleges including chapters on “Stupidest Reasons Child Won’t Consider a College” and “Loving the Child on the Couch” that heavily featured posts as examples.</p>

<p>thanks Calmom. I know that you’re an atty and what you wrote just makes sense.</p>