Clause 34
This creator-unfriendly clause is aimed at users such as musicians, photographers or filmmakers submitting content to a site or platform.
This clause’s language takes more rights from creators than we think reasonable; it is creator-unfriendly.
CLAUSE TEXT:
imeem does not claim any ownership rights in any articles, information, materials, data, files, programs, photographs, concepts, communications, footage, ideas, opinions, and other materials ("Member Content") you post, store, or exchange through the imeem Site or Software; you continue to retain all ownership rights in such Member Content. Member Content is the sole responsibility of the person from which such Member Content originated. This means that you, and not imeem, are entirely responsible for all Member Content that you upload, post, email, transmit or otherwise make available through the Site or Software, or on the Network or Web. To the extent that imeem provides you with an opportunity to post, store and exchange Member Content, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, imeem, its contractors, and the users of the imeem Site an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such content and to prepare derivative works of, or incorporate into other works, such Member Content on the imeem Site or Software. This license does not grant imeem the right to sell Member Content or otherwise distribute it outside of imeem's Site and Software.
EXPLANATION:
'imeem' is a website that enables musicians, photographers, and creators of video to promote their works on the internet. This license allows the non paid use of any materials the user uploads, forever and for the whole world. The contract also allows imeem and its users to alter or modify the posted work, and to incorporate it into other works. The license does not premit imeem to sell the works or distribute the material outside of its website, but it appears that members who use the site can download and exploit the material. It appears that the grant of rights persists even after the material is no longer on the website.
