Be a Supporter!

Cc Licensing And The Tos

  • 275 Views
  • 6 Replies
New Topic Respond to this Topic
MrMusicalLion
MrMusicalLion
  • Member since: Dec. 13, 2010
  • Offline.
Forum Stats
Member
Level 08
Blank Slate
Cc Licensing And The Tos May. 7th, 2013 @ 03:47 PM Reply

Hey everyone.

There is a part of the Newgrounds TOS that concerns me. Specifically, this:

[Under Section V, Paragraph B]
You also hereby grant each user of the Newgrounds Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Newgrounds Website.

Now, what does that mean?
Does it mean that anyone can use my work without permission, etc, if they are a user of Newgrounds?

How does this impact the Creative Commons license agreements?
Are the CC licenses mentioned in the TOS anywhere at all?

I'd appreciate all info and advice.
Thanks.


BBS Signature
Back-From-Purgatory
Back-From-Purgatory
  • Member since: Dec. 11, 2004
  • Offline.
Forum Stats
Moderator
Level 33
Musician
Response to Cc Licensing And The Tos May. 7th, 2013 @ 04:04 PM Reply

Anyone on NG can use your submissions without permission as long as they abide by the Creative Commons license. Meaning they must provide proper credit and the usage must be non-commercial. (I.E. They aren't selling the game/flash/etc.)

The audio portal is here for the sole purpose of providing Flash Artists with royalty free music to use in their submissions. And some would argue it's evolved beyond that point, but as far as the terms and priorities go, that is still very much the purpose of the Audio Portal.


Audio/BBS Mod
News: I want to write more metal... - Music: The Inevitability - Art: Kira
\/\/\/ Click the sig for fun times! \/\/\/

BBS Signature
MrMusicalLion
MrMusicalLion
  • Member since: Dec. 13, 2010
  • Offline.
Forum Stats
Member
Level 08
Blank Slate
Response to Cc Licensing And The Tos May. 7th, 2013 @ 04:17 PM Reply

At 5/7/13 04:04 PM, Back-From-Purgatory wrote: Anyone on NG can use your submissions without permission as long as they abide by the Creative Commons license. Meaning they must provide proper credit and the usage must be non-commercial. (I.E. They aren't selling the game/flash/etc.)

The audio portal is here for the sole purpose of providing Flash Artists with royalty free music to use in their submissions. And some would argue it's evolved beyond that point, but as far as the terms and priorities go, that is still very much the purpose of the Audio Portal.

Thanks for the info.
However I need to know where this is displayed in writing, i.e, where it is legally asserted by Newgrounds.
The creative commons license is indeed displayed next to all audio submissions however I can't find where it states that the site actually requires you to abide by the CC licensing, within any of the documentation.

I do trust your answer, it's just that in a court of law, I'd need to present a legal proof of what NG asserts. I require the information for a certain copyright infringement I'm currently dealing with.

Thanks.


BBS Signature
Back-From-Purgatory
Back-From-Purgatory
  • Member since: Dec. 11, 2004
  • Offline.
Forum Stats
Moderator
Level 33
Musician
Response to Cc Licensing And The Tos May. 7th, 2013 @ 04:49 PM Reply

I'm not understanding what the problem is here... Every single submission has the Creative Commons license slapped on it... It's there because you're required to follow it. It's not posted on every submission just to make the page look pretty.


Audio/BBS Mod
News: I want to write more metal... - Music: The Inevitability - Art: Kira
\/\/\/ Click the sig for fun times! \/\/\/

BBS Signature
MrMusicalLion
MrMusicalLion
  • Member since: Dec. 13, 2010
  • Offline.
Forum Stats
Member
Level 08
Blank Slate
Response to Cc Licensing And The Tos May. 7th, 2013 @ 05:15 PM Reply

At 5/7/13 04:49 PM, Back-From-Purgatory wrote: I'm not understanding what the problem is here... Every single submission has the Creative Commons license slapped on it... It's there because you're required to follow it. It's not posted on every submission just to make the page look pretty.

The problem is that it's not enough to simply show that information to a court.
I'm getting ready to file for copyright infringement here. If my lawyer presents the courts with the page and say 'Well they say it's protected by CC' then they will say 'Okay, where's the small print that explains this? Where does NG claim that these CC licenses are what they abide by?' etc. They will also point to the TOS like I did above, saying that the TOS seems to state that any user can reproduce the material and that there is no mention of the CC in the TOS. That is the problem.

So I'll reword my question. Is there any info at all about Newgrounds position on the CC, that anyone is aware of, on this website, which is presented in a Legal format?


BBS Signature
HalcyonicFalconX
HalcyonicFalconX
  • Member since: Mar. 20, 2008
  • Offline.
Forum Stats
Member
Level 19
Musician
Response to Cc Licensing And The Tos May. 7th, 2013 @ 06:50 PM Reply

At 5/7/13 05:15 PM, MrMusicalLion wrote:
At 5/7/13 04:49 PM, Back-From-Purgatory wrote: I'm not understanding what the problem is here... Every single submission has the Creative Commons license slapped on it... It's there because you're required to follow it. It's not posted on every submission just to make the page look pretty.
The problem is that it's not enough to simply show that information to a court.
I'm getting ready to file for copyright infringement here. If my lawyer presents the courts with the page and say 'Well they say it's protected by CC' then they will say 'Okay, where's the small print that explains this? Where does NG claim that these CC licenses are what they abide by?' etc. They will also point to the TOS like I did above, saying that the TOS seems to state that any user can reproduce the material and that there is no mention of the CC in the TOS. That is the problem.

So I'll reword my question. Is there any info at all about Newgrounds position on the CC, that anyone is aware of, on this website, which is presented in a Legal format?

The way CC licensing works, is that CC licensing (Creative Commons Licensing) is a commonly agreed upon standard for licensing creative works. You can find more about it on the Creative Commons site. Any site that offers Creative Commons licensing just has to state that they have it and what form of CC licensing they abide by. The exact legal terms are available on the Creative Commons site and have been used successfully in courts by many people.

If you're lazy and just want the version specific to NG, here it is.

And if you care to read through all the legal stuff for ALL Creative Commons stuff, here's that too.

Have fun!

MrMusicalLion
MrMusicalLion
  • Member since: Dec. 13, 2010
  • Offline.
Forum Stats
Member
Level 08
Blank Slate
Response to Cc Licensing And The Tos May. 7th, 2013 @ 07:05 PM Reply

Ah. Alright then, that clears things up. Thankyou. I've sorted out matters now anyway. But this is still helpful and good to know.


BBS Signature