Overreaching Clauses For User Generated Content Submissions

Overreaching Clauses For User Generated Content Submissions

Pick one to view:

A. Ownership of Contributions. Each of your Contributions will be original and solely created by you as a "work-made-for-hire" specially ordered or commissioned by us, with XXX Media being deemed the sole author of the Contribution and the owner of all rights whether now known or hereafter devised (including all copyrights and all extensions and renewals of copyrights) in and to the Contribution, with the right to make all uses of the Contribution throughout the world and all changes in each Contribution. Without further obligation to you, we may use, reproduce, edit, change, add to, take from, translate, reformat, or reprocess the Contribution in any manner. To the extent any Contribution is not deemed to be a work made for hire, you irrevocably assign to us all rights whether now known or hereafter devised (including all copyrights and all extensions and renewals of copyrights) in and to each Contribution throughout the world, including any and all of your rights to authorize or control the exploitation of each Contribution by any media and means now known or hereafter devised. You waive all "moral rights of authors" that may exist or any similar rights. We may, but are not obligated to, provide attribution to you in connection with any Contribution or to display, use or otherwise exploit any Contribution. We have the right, without liability to you, to use any ideas, suggestions, or questions provided by you to us. Upon request by us, you will promptly provide us with such documents and agreements as we may require to further evidence and confirm your representations, warranties, and covenants under this Agreement, including material and location releases and assignments.

B. Our License To You. We grant you a royalty-free, limited, nonexclusive, nonlicensable license to the Contributions for performance, distribution, and display on your personal or business website so long as your website contains no less than 1 prominent crawlable link to the WEBSITE OPERATOR Website appearing in close proximity to each Contribution on your website.

This could be one of the most overreaching contracts we have on our site. It's between a company that runs a website and seeks contributions (photographs and written works). This contract dictates that the work is a work for hire even though there is no evidence that the contribution fits the description inĀ Section 101 of the Copyright Act. Furthermore, it says that the site does not have to give the author credit for his or her work and may even use the author's ideas or suggestions without remuneration or credit. Finally, it allows the author to use his or her work only in connection with his or her own website and then only if a link is provided to the website to which the work was contributed.