Comments on: The Ownership Of Comments http://weblogtoolscollection.com/archives/2008/06/14/the-ownership-of-comments/ Weblog Tools Blogging Tools Blog Tue, 02 Dec 2008 17:12:34 +0000 http://wordpress.org/?v=2.6.5 By: blog http://weblogtoolscollection.com/archives/2008/06/14/the-ownership-of-comments/#comment-1240497 blog Fri, 07 Nov 2008 18:26:24 +0000 http://weblogtoolscollection.com/?p=3648#comment-1240497 I agree that the blog owner has editorial control as long as the edit does not change original intention. I agree that the blog owner has editorial control as long as the edit does not change original intention.

]]> By: websinthe http://weblogtoolscollection.com/archives/2008/06/14/the-ownership-of-comments/#comment-1238600 websinthe Sun, 28 Sep 2008 13:46:53 +0000 http://weblogtoolscollection.com/?p=3648#comment-1238600 I think that the commenter themselves should own the comment. The Blogger, however, should then be able to use that commentas they see fit so long as that comment is attributed to the author. The reason I think the blogger should have absolute and perpetual rights to those comments is because it is the original blog post that gives the comment its validity and purpose. The comments also become a part of the post. Outside the context of the post comments mean nothing, when they are with the post they become part of that post's meaning. If the blogger cannot keep and display that entire meaning then part of the post is lost. I think that the commenter themselves should own the comment. The Blogger, however, should then be able to use that commentas they see fit so long as that comment is attributed to the author.

The reason I think the blogger should have absolute and perpetual rights to those comments is because it is the original blog post that gives the comment its validity and purpose.

The comments also become a part of the post. Outside the context of the post comments mean nothing, when they are with the post they become part of that post’s meaning. If the blogger cannot keep and display that entire meaning then part of the post is lost.

]]> By: Miroslav Glavic http://weblogtoolscollection.com/archives/2008/06/14/the-ownership-of-comments/#comment-1238244 Miroslav Glavic Tue, 23 Sep 2008 22:09:42 +0000 http://weblogtoolscollection.com/?p=3648#comment-1238244 In my opinion and how I run my sites are as following: 1) You as the writer (typer really), own the comment 2) You give me a non-revokable perpetual license for your comment you just posted so I can do whatever I want with it on MY sites, even on other of my sites outside the site you posted the comment in. In my opinion and how I run my sites are as following:

1) You as the writer (typer really), own the comment
2) You give me a non-revokable perpetual license for your comment you just posted so I can do whatever I want with it on MY sites, even on other of my sites outside the site you posted the comment in.

]]> By: Sheiglagh http://weblogtoolscollection.com/archives/2008/06/14/the-ownership-of-comments/#comment-1231929 Sheiglagh Fri, 27 Jun 2008 04:38:43 +0000 http://weblogtoolscollection.com/?p=3648#comment-1231929 C'mon, have we become that anal retentive? I mean, gosh... why are we fighting about 'who owns the comment?' Have we become as bad as the entertainment and advertising industries? Actors HAVE TO PAID if you hear their voice, see a part of their face, etc... etc... and models like Giselle Bundchen or Laetitia Casta, anything that pertains to them, from using their name or their face, you have to pay. Has blogging become that already? Alright, let's use a VERY VERY OLD example. WHO OWNS the Letters of the Editor that are being sent to PRINT periodicals? Does the writer GET PAID if their letters are printed? Think about it. This is not about ownership. In the end, it will be ABOUT MONEY. :-( And I thought that WordPress is the last bastion of the true internet grassroots movement. C’mon, have we become that anal retentive? I mean, gosh… why are we fighting about ‘who owns the comment?’ Have we become as bad as the entertainment and advertising industries? Actors HAVE TO PAID if you hear their voice, see a part of their face, etc… etc… and models like Giselle Bundchen or Laetitia Casta, anything that pertains to them, from using their name or their face, you have to pay. Has blogging become that already?

Alright, let’s use a VERY VERY OLD example. WHO OWNS the Letters of the Editor that are being sent to PRINT periodicals? Does the writer GET PAID if their letters are printed?

Think about it. This is not about ownership. In the end, it will be ABOUT MONEY. :-( And I thought that WordPress is the last bastion of the true internet grassroots movement.

]]> By: Projektet II » Blog Archive » Comment License Made Easy http://weblogtoolscollection.com/archives/2008/06/14/the-ownership-of-comments/#comment-1231592 Projektet II » Blog Archive » Comment License Made Easy Wed, 25 Jun 2008 09:51:41 +0000 http://weblogtoolscollection.com/?p=3648#comment-1231592 [...] too long ago, I published a post which dove into the controversial subject of comment ownership and I must say, you guys and gals [...] [...] too long ago, I published a post which dove into the controversial subject of comment ownership and I must say, you guys and gals [...]

]]> By: In a state of thixotropy » After all is said and done… http://weblogtoolscollection.com/archives/2008/06/14/the-ownership-of-comments/#comment-1231393 In a state of thixotropy » After all is said and done… Mon, 23 Jun 2008 23:23:22 +0000 http://weblogtoolscollection.com/?p=3648#comment-1231393 [...] after reading some rather interesting discussion with regard to the ownership of blog comments, I think I’m going to go back to a purely WP [...] [...] after reading some rather interesting discussion with regard to the ownership of blog comments, I think I’m going to go back to a purely WP [...]

]]> By: Commenting Policy » caitlinomara.com http://weblogtoolscollection.com/archives/2008/06/14/the-ownership-of-comments/#comment-1231276 Commenting Policy » caitlinomara.com Sun, 22 Jun 2008 20:18:43 +0000 http://weblogtoolscollection.com/?p=3648#comment-1231276 [...] relatively new to the whole arena of blogging, the article by Jeff Chandler @ Weblog Tools Collection made me realize that I don’t have a commenting policy. Being a small blog, the thought never [...] [...] relatively new to the whole arena of blogging, the article by Jeff Chandler @ Weblog Tools Collection made me realize that I don’t have a commenting policy. Being a small blog, the thought never [...]

]]> By: Saint Monkey http://weblogtoolscollection.com/archives/2008/06/14/the-ownership-of-comments/#comment-1231080 Saint Monkey Sat, 21 Jun 2008 10:29:50 +0000 http://weblogtoolscollection.com/?p=3648#comment-1231080 I agree that the blog owner has editorial control as long as the edit does not change original intention. This is true in publishing, where in most cases, the publisher only has licence to publish the work and the copyright remains with the author. If copyright is to be transferred from the original author to the publisher (or anyone else), the author needs to sign a transfer of ownership (there are different rules for a work-for-hire contact). As a new media, the web is a little messy but ultimately the same fundamental rules apply in the case of most real world contracts. A TOS / TAC would only have any legal bearing (and I think this is a little shaky anyway) if the, in this case, commenter has had it put in their face and/or ticked a button with the link next to it stating they have read and agree to it, when they signed up for the site or post a comment. So, anyone who has a TOS / TAC floating around their site without the above, would not have any claim to the comment ownership. Even if they had the above tick box etc, they would still have a big problem claiming ownership. a couple of interesting issues to look at are the old My Space TOS regarding their ownership of major artists music and Virgin mobile using CC pictures from Flicker without (underage) model releases. I am not a lawyer . I agree that the blog owner has editorial control as long as the edit does not change original intention. This is true in publishing, where in most cases, the publisher only has licence to publish the work and the copyright remains with the author. If copyright is to be transferred from the original author to the publisher (or anyone else), the author needs to sign a transfer of ownership (there are different rules for a work-for-hire contact).
As a new media, the web is a little messy but ultimately the same fundamental rules apply in the case of most real world contracts. A TOS / TAC would only have any legal bearing (and I think this is a little shaky anyway) if the, in this case, commenter has had it put in their face and/or ticked a button with the link next to it stating they have read and agree to it, when they signed up for the site or post a comment.
So, anyone who has a TOS / TAC floating around their site without the above, would not have any claim to the comment ownership. Even if they had the above tick box etc, they would still have a big problem claiming ownership.

a couple of interesting issues to look at are the old My Space TOS regarding their ownership of major artists music and Virgin mobile using CC pictures from Flicker without (underage) model releases.

I am not a lawyer .

]]> By: A quem pertece os comentários dos blogs? | Victor Franco http://weblogtoolscollection.com/archives/2008/06/14/the-ownership-of-comments/#comment-1230893 A quem pertece os comentários dos blogs? | Victor Franco Fri, 20 Jun 2008 01:59:09 +0000 http://weblogtoolscollection.com/?p=3648#comment-1230893 [...] site Weblog Tools Collection fez um post em que se pergunta de quem é a propriedade dos comentários feitos pelos leitores. Me [...] [...] site Weblog Tools Collection fez um post em que se pergunta de quem é a propriedade dos comentários feitos pelos leitores. Me [...]

]]> By: teddY-risatioN™ » Your comments are mine… not? http://weblogtoolscollection.com/archives/2008/06/14/the-ownership-of-comments/#comment-1230789 teddY-risatioN™ » Your comments are mine… not? Thu, 19 Jun 2008 10:05:46 +0000 http://weblogtoolscollection.com/?p=3648#comment-1230789 [...] Tools Collection published an article which shed some light on comment ownership issue. It starts off the discussion by highlighting the issue of third party commenting systems, (for [...] [...] Tools Collection published an article which shed some light on comment ownership issue. It starts off the discussion by highlighting the issue of third party commenting systems, (for [...]

]]> By: Junjie http://weblogtoolscollection.com/archives/2008/06/14/the-ownership-of-comments/#comment-1230785 Junjie Thu, 19 Jun 2008 09:19:53 +0000 http://weblogtoolscollection.com/?p=3648#comment-1230785 While there is less of a legal problem in the USA about comments, in Germany not moderating Your comments can bring You into serious trouble. Courts (especially local ones, not knowing anything about the internet) have already made decisions that are simply ridiculous. One of the most ridiculous examples include a forum owner, who had to moderate all posts made before they were published. He had to scan every single post if something illegal is posted, like a copyright violation, personal attack, etc. Generally speaking, If You publish something in Germany, for example the comments of Your readers, You are the one in charge. If Your reader does something bad, it's the forums / blogs owners fault, because he allowed the reader to do so. Luckily there are also decisions in favor of website owners, however the situation is so-so. Editing my comments is part of protecting myself from lawsuits. While there is less of a legal problem in the USA about comments, in Germany not moderating Your comments can bring You into serious trouble.

Courts (especially local ones, not knowing anything about the internet) have already made decisions that are simply ridiculous. One of the most ridiculous examples include a forum owner, who had to moderate all posts made before they were published. He had to scan every single post if something illegal is posted, like a copyright violation, personal attack, etc.

Generally speaking,
If You publish something in Germany, for example the comments of Your readers, You are the one in charge. If Your reader does something bad, it’s the forums / blogs owners fault, because he allowed the reader to do so.

Luckily there are also decisions in favor of website owners, however the situation is so-so. Editing my comments is part of protecting myself from lawsuits.

]]> By: draftbetter http://weblogtoolscollection.com/archives/2008/06/14/the-ownership-of-comments/#comment-1230772 draftbetter Thu, 19 Jun 2008 07:00:08 +0000 http://weblogtoolscollection.com/?p=3648#comment-1230772 Being the administrator of my site means that I want to control what is viewable by the public on my site. I state in my rules that I will filter comments for profanity and, of course, I would never edit the comment to change meaning. I am commonly being told that I did something wrong when i don't think I did and I want that viewable for discussion. I haven't had to edit anything yet, but I absolutely will if I have to. Being the administrator of my site means that I want to control what is viewable by the public on my site. I state in my rules that I will filter comments for profanity and, of course, I would never edit the comment to change meaning. I am commonly being told that I did something wrong when i don’t think I did and I want that viewable for discussion.

I haven’t had to edit anything yet, but I absolutely will if I have to.

]]> By: Comment Policy, Do You Need One? >> PiXELWiT http://weblogtoolscollection.com/archives/2008/06/14/the-ownership-of-comments/#comment-1230663 Comment Policy, Do You Need One? >> PiXELWiT Wed, 18 Jun 2008 16:05:47 +0000 http://weblogtoolscollection.com/?p=3648#comment-1230663 [...] Ownership of Comments [...] [...] Ownership of Comments [...]

]]> By: BG! http://weblogtoolscollection.com/archives/2008/06/14/the-ownership-of-comments/#comment-1230613 BG! Wed, 18 Jun 2008 10:29:49 +0000 http://weblogtoolscollection.com/?p=3648#comment-1230613 This is a great debate! FWIW, my take on this matter is that it's just like books and book authors. When I buy a book, the content may well be the copyrighted intellectual property of the author, but the author can't claim ownership of the book itself, as I've acquired ownership of it. Similarly, comment authors don’t own comments but do own the content of comments. The words may well belong to the commenter, and I’d be ill-advised to change them without his/her say-so, but he/she parcelled up those words in a comment and sent them to me. What I do with that little parcel is up to me, so long as I don't screw with the content without permission and/or a justifiable reason. This is a great debate!

FWIW, my take on this matter is that it’s just like books and book authors. When I buy a book, the content may well be the copyrighted intellectual property of the author, but the author can’t claim ownership of the book itself, as I’ve acquired ownership of it.

Similarly, comment authors don’t own comments but do own the content of comments. The words may well belong to the commenter, and I’d be ill-advised to change them without his/her say-so, but he/she parcelled up those words in a comment and sent them to me. What I do with that little parcel is up to me, so long as I don’t screw with the content without permission and/or a justifiable reason.

]]> By: Barter Guru http://weblogtoolscollection.com/archives/2008/06/14/the-ownership-of-comments/#comment-1230525 Barter Guru Wed, 18 Jun 2008 00:02:14 +0000 http://weblogtoolscollection.com/?p=3648#comment-1230525 So I'm confused, if I put a new post on my blog others can claim it as their own? Would I have to copywrite everything? I don't want to find out too late. So I’m confused, if I put a new post on my blog others can claim it as their own? Would I have to copywrite everything? I don’t want to find out too late.

]]> By: Bullet Points: The Linkspam Edition http://weblogtoolscollection.com/archives/2008/06/14/the-ownership-of-comments/#comment-1230512 Bullet Points: The Linkspam Edition Tue, 17 Jun 2008 20:54:03 +0000 http://weblogtoolscollection.com/?p=3648#comment-1230512 [...] admit to not having read very far into the matter, but when we start questioning who owns blog comments, are we taking this thing TOO far? Or is there a legitimate reason for the [...] [...] admit to not having read very far into the matter, but when we start questioning who owns blog comments, are we taking this thing TOO far? Or is there a legitimate reason for the [...]

]]> By: Comment is not free, exactly | Waveflux http://weblogtoolscollection.com/archives/2008/06/14/the-ownership-of-comments/#comment-1230504 Comment is not free, exactly | Waveflux Tue, 17 Jun 2008 18:02:38 +0000 http://weblogtoolscollection.com/?p=3648#comment-1230504 [...] left on blogs? The question of commenters’ rights and related notions of authority is under considerable discussion just now, with some thoughtful viewpoints being offered. The post at Intense Debate [...] [...] left on blogs? The question of commenters’ rights and related notions of authority is under considerable discussion just now, with some thoughtful viewpoints being offered. The post at Intense Debate [...]

]]> By: Thoughts on Blog Comments, Moderation, and the Conversation | WebGeek http://weblogtoolscollection.com/archives/2008/06/14/the-ownership-of-comments/#comment-1230500 Thoughts on Blog Comments, Moderation, and the Conversation | WebGeek Tue, 17 Jun 2008 17:27:40 +0000 http://weblogtoolscollection.com/?p=3648#comment-1230500 [...] there was a good conversation going on about who owns blog comments and the ethics of editing them. You might want to check it [...] [...] there was a good conversation going on about who owns blog comments and the ethics of editing them. You might want to check it [...]

]]> By: Scott Allen http://weblogtoolscollection.com/archives/2008/06/14/the-ownership-of-comments/#comment-1230496 Scott Allen Tue, 17 Jun 2008 17:15:49 +0000 http://weblogtoolscollection.com/?p=3648#comment-1230496 This is a good discussion. Legally, the comments become property of the blog owner as soon as they are posted. Anything that resides on the web domain belongs to the site owner, and there are both benefits and responsibilities associated with that. For example if someone posts a comment that defames someone else, the comment author wouldn't be sued, it would be the blog owner, so the law is pretty clear there. But there are a lot of other issues to consider to protect the commenters. Also, blog owners deal with a lot of spam and trolls mixed in with the great commenters, so there is some effort involved keeping a clean site that benefits those in the blog owners target audience. If you're interested, I've written a few more of my thoughts on this topic here: <a href="http://www.hybrid6.com/webgeek/2008/06/thoughts-on-blog-comments-moderation-and-the-conversation.php" rel="nofollow">Thoughts on Blog Comments, Moderation, and the Conversation</a> (I debated about posting the link because I'm not a fan of link-droppers, but I feel it's relevant and the post was inspired by this conversation. However feel free to delete if you don't agree.) This is a good discussion. Legally, the comments become property of the blog owner as soon as they are posted. Anything that resides on the web domain belongs to the site owner, and there are both benefits and responsibilities associated with that. For example if someone posts a comment that defames someone else, the comment author wouldn’t be sued, it would be the blog owner, so the law is pretty clear there. But there are a lot of other issues to consider to protect the commenters. Also, blog owners deal with a lot of spam and trolls mixed in with the great commenters, so there is some effort involved keeping a clean site that benefits those in the blog owners target audience. If you’re interested, I’ve written a few more of my thoughts on this topic here: Thoughts on Blog Comments, Moderation, and the Conversation

(I debated about posting the link because I’m not a fan of link-droppers, but I feel it’s relevant and the post was inspired by this conversation. However feel free to delete if you don’t agree.)

]]> By: A quién pertenecen los comentarios en un blog? http://weblogtoolscollection.com/archives/2008/06/14/the-ownership-of-comments/#comment-1230488 A quién pertenecen los comentarios en un blog? Tue, 17 Jun 2008 14:54:46 +0000 http://weblogtoolscollection.com/?p=3648#comment-1230488 [...] idea generalizada es dejar claro cuál es la política respecto a los comentarios. Qué harían ustedes si estuvieran [...] [...] idea generalizada es dejar claro cuál es la política respecto a los comentarios. Qué harían ustedes si estuvieran [...]

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