Update: My CC Lemme Show You It
So regarding my last post, I’ve come back with some answers and a touch of enlightenment.
The person that was responsible for the photo snatching was the band manager, who then put the video together. They then tried to tell me that they grabbed the pictures off of Myspace (which I totally forgot about, I thought they had picked it from my flickr), and hence making any copyright null. Meaning anything on Myspace is free game. At the time I read that message, it made odd sense to me. I mean come on, Myspace is a breeding ground of ‘ick’, and anything goes in Myspace, its all fair game. So, I conceded and told her to go ahead with the video that my picture was found in.
But boy was I wrong. After sharing this story with a friend, he informed me that just because things are on Myspace that doesn’t mean its fair game. And he was correct. I was a dumb fuck and totally ignored the terms of service. So I decided to check it out.
9. Protecting Copyrights and Other Intellectual Property. MySpace respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. MySpace has the right to terminate the Membership of infringers.
Its right there, loud and clear. She also tried to bring up that the picture (a snapshot of the setlist) was of the bands intellectual property. This too, incorrect. The set list is in a public place and free to be photographed.
I’m still in the process of emailing the manager of the band and will clue her in soon. She might have been under the same assumption as me, that ‘Myspace is a free for all’. This whole thing has definitely been educating.
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