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Old 05-22-2015, 10:40 AM   #81
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Originally Posted by GotGarlic View Post
You were on such a roll there! But again, a person owns the copyright to their work the moment they create it, not when they seek to publish it. And having something published does not necessarily mean that all copyright rights are transferred as well. It could be one-time rights in North America, worldwide rights in perpetuity, etc. There are a variety of ways to structure copyrights when they're sold or licensed.

You might want to read up on copyright law some more before making statements about it.
I was going to comment on that, but you beat me to it.

My ex was a writer. When he sold stories or articles to magazines, he usually sold "FNASR" (First North American Serial Rights).

He wrote a weekly column for The Montreal Gazette. The freelancers actually threatened to go on strike because the newspaper wanted to put their stuff on the internet without paying them extra for that. They hadn't sold "electronic rights".

Here's an article about writer's rights, but it applies to other arts as well: Rights: What They Mean and Why They're Important

Addie, you may be thinking of contests. It's a slimey trick that some magazines do. In the fine print of the contest rules, they often write that anything submitted becomes the property of the magazine or newspaper. They may even specify that they get "all rights".
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Old 05-22-2015, 12:00 PM   #82
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Addie, you may be thinking of contests. It's a slimey trick that some magazines do. In the fine print of the contest rules, they often write that anything submitted becomes the property of the magazine or newspaper. They may even specify that they get "all rights".
This the problem with many photography contests. An amateur photographer submits a photo that is good enough to win a prize, but now it's no longer his photograph. I've been on the verge of entering a couple of times, then decided not to after reading that I would forfeit my rights to use the image myself.
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Old 05-22-2015, 01:20 PM   #83
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Addie, you may be thinking of contests. It's a slimey trick that some magazines do. In the fine print of the contest rules, they often write that anything submitted becomes the property of the magazine or newspaper. They may even specify that they get "all rights".

I think that most contests are like that. I've entered a lot of them and don't remember one where whomever was running the contest didn't make it clear that once I submitted my work it was their property.

You also quite commonly give up your rights when you post on websites.

From Allrecipes:

"By submitting, disclosing, or offering any recipe, review, photograph, image, video, “favorites” list, comments, feedback, postcards, suggestions, ideas, notes, drawings, concepts, and other information, content or material, or other item (each, a “Submitted Item”) to Allrecipes, either online or offline and whether or not solicited by Allrecipes, you hereby grant to Allrecipes an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film, or electronic storage devices), and the exclusive right to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise exploit all such materials on commercial websites, without compensation of any kind to you or any third party."
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Old 05-22-2015, 01:41 PM   #84
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Even when you post here at Discuss Cooking you grant them the rights to your posts. Just not as strongly and broadly written as most.

"By posting content on the Websites, you also grant, and warrant that you have the authority to grant, the Company a limited license to display, reproduce, modify, and use any text, image, video, music, or any other content that you post on the Websites."
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Old 05-22-2015, 03:40 PM   #85
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I can't help it. I just love lawyers. They know how to put it into words we all can understand.
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Old 05-22-2015, 03:44 PM   #86
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Originally Posted by jennyema View Post
Even when you post here at Discuss Cooking you grant them the rights to your posts. Just not as strongly and broadly written as most.

"By posting content on the Websites, you also grant, and warrant that you have the authority to grant, the Company a limited license to display, reproduce, modify, and use any text, image, video, music, or any other content that you post on the Websites."
Well, if they didn't ask for that, they would be in violation of your copyright. I think it's a very reasonable amount of rights that DC asks for.
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Old 05-22-2015, 05:36 PM   #87
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As a jewelry design and polymer clay artist, I've had the misfortune of someone copying my work. They didn't understand that my work held an intellectual copyright and blatantly copied my ideas and work.

I had quit selling in a craft mall after that, as the "copier/thief" would have an exact replica of my own within 1 week and underpriced the items. She made many more sales than mine, and when an item of hers broke the customer came to me asking for a refund... Needless to say, I quit selling at that place and within 4 months it closed permanently because of that.

Copycats are a big problem in any artistic industry, especially in cooking and crafts. It is a sad thing. I mostly do custom work now and I don't get copied much anymore.

That reminds me, I have a project I need to get working on as a door prize for a Halloween party. Yup, they sometimes take that long to conceptualize and create.

Anyone taking another's work and claiming it as their own needs to learn to create something on their own. It is fine to take ideas and better them. For some it is easier to ask forgiveness than permission, I guess.
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Old 05-22-2015, 06:05 PM   #88
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I can't help it. I just love lawyers. They know how to put it into words we all can understand.
More like they know how to put it into words than nobody can understand.
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Old 05-22-2015, 07:53 PM   #89
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OK...do I understand this right? If I post my own original recipe here, it now belongs to DC, not to me? I can't go post my same recipe anywhere else because I've violated copyright laws for my own recipe? Gahhhh
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Old 05-22-2015, 07:59 PM   #90
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OK...do I understand this right? If I post my own original recipe here, it now belongs to DC, not to me? I can't go post my same recipe anywhere else because I've violated copyright laws for my own recipe? Gahhhh
No. You have only given them the right to use it. If you didn't, then your post wouldn't be allowed here.

If you post it on Allrecipes, then what you wrote applies.
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