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Old 09-16-2009, 08:03 PM   #1
Edward Hamilton
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Default Copyright and Trademarks

I encourage all of the forum members to post THEIR reviews, thoughts and ideas on this forum. If you are posting someone else's material you owe it to them to give them credit for THEIR ideas, thoughts and reviews.

At the bottom of each page on this site is a © notice. When you post on this forum, that material becomes copyrighted. You can use it elsewhere, but if you copy content from this site without giving credit to the source you are in violation of that little © symbol and what it stands for.

If you are selling content you have copied from this or any other site you are liable for serious penalties.

If you have any questions, please let me know.
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Old 09-17-2009, 05:03 AM   #2
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Quote:
Originally Posted by Edward Hamilton View Post
At the bottom of each page on this site is a © notice. When you post on this forum, that material becomes copyrighted. You can use it elsewhere, but if you copy content from this site without giving credit to the source you are in violation of that little © symbol and what it stands for.
Copyrighted by who?
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Old 09-17-2009, 11:54 AM   #3
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So this post here would now be copyrighted to the website? And if I wanted to post this elsewhere I'd have to cite that it comes from the MoR forum?
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Old 09-17-2009, 03:28 PM   #4
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If I understand the you correctly then you have two main concerns:

1) Reviews posted elsewhere may be posted here without proper acknowledgment of the original publisher/website and perhaps without credit to the original author.

2) Reviews posted here may be posted elsewhere without credit being given to this website, or the original author.

Basically all you want is acknowledgment of the original publisher and author.

If that is correct it seems reasonable to me. But even reasonable things have their grey nuances. I have 2 questions:

First what is a review?

I consider any review I post into your data base to be a genuine review but what about musings in the forums? I would agree that my post entitled:

Review: Angostura Royal Oak Rum is a review. I state that it is.
http://www.ministryofrum.com/forums/...ead.php?t=3143

but what about my post:

2000 Jamaica Rum (Renegade Rum Co.)
http://www.ministryofrum.com/forums/...?t=2965&page=1

I consider this a musing. I have not scored the rum, just talked about my first impressions. I think I have the right to post a proper review anywhere I like based upon these musings and my other tastings. I want to be sure that we agree with each other else my musings will have to stop.

Second

Are you saying that the website owns all reviews posted here (and perhaps all material)? In other words Are all of my reviews posted into your data base and on the forums the website's property and not mine? I understand and have sympathy for that point of view, but I am not sure I completely agree with it. Ownership implies responsibility, which perhaps would mean you are accepting responsibility for all posts.

Or is this more of a joint ownership where the copyright automatically protects the author and the website but the author still owns the intellectual property?

I agree with you heartily that intellectual ownership needs to be understood by all. And I agree that you as owner of the website must have some sort of ability to protect and control what you have built. I must confess that I had not given a lot of thought to these issues and I am glad you have brought them forward.
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Last edited by Arctic Wolf; 09-17-2009 at 03:37 PM.
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Old 09-19-2009, 12:17 PM   #5
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Quote:
Originally Posted by Arctic Wolf View Post
If I understand the you correctly then you have two main concerns:

1) Reviews posted elsewhere may be posted here without proper acknowledgment of the original publisher/website and perhaps without credit to the original author.

2) Reviews posted here may be posted elsewhere without credit being given to this website, or the original author.

Basically all you want is acknowledgment of the original publisher and author.
This isn't necessarily what I want, it is international law.

Quote:
Originally Posted by Arctic Wolf View Post
If that is correct it seems reasonable to me. But even reasonable things have their grey nuances. I have 2 questions:

First what is a review?
Any content submitted to this website. It may be a review, or simply a post, musing comment or thought. Any original content that you type belongs to you. By submitting original content to this website it is copyrighted by the Ministry of Rum, but you still own it.
Quote:
Originally Posted by Arctic Wolf View Post

Second

Are you saying that the website owns all reviews posted here (and perhaps all material)? In other words Are all of my reviews posted into your data base and on the forums the website's property and not mine?

I understand and have sympathy for that point of view, but I am not sure I completely agree with it. Ownership implies responsibility, which perhaps would mean you are accepting responsibility for all posts.

Or is this more of a joint ownership where the copyright automatically protects the author and the website but the author still owns the intellectual property?

I agree with you heartily that intellectual ownership needs to be understood by all. And I agree that you as owner of the website must have some sort of ability to protect and control what you have built. I must confess that I had not given a lot of thought to these issues and I am glad you have brought them forward.

All content posted on this website becomes the property of this website, however as the author of your original content you retain ownership of that content and may use it elsewhere, at your discretion. As the copyright owner of this website the Ministry of Rum has a obligation and responsibility not to infringe on other's copyright.

For example, content you submit to this forum becomes the property of this forum, but it can not be used by the Ministry of Rum or anyone else without giving credit to you as the author and this website as the place where it was published.

As the content author you may resubmit content you have posted here anywhere you want to without giving credit to the Ministry of Rum since you are the content owner. The Ministry of Rum copyright at the bottom of this page is there to protect your authorship of your content.

If, however, you submit content to this website that you didn't write without giving credit to the source, you are in violation of the copyright of the original content owner, which may be an author and/or another website, magazine, etc.

Should you stop posting your original content on this website? No.

By posting your original content on this or any website you are protecting your intellectual property. Every post has a date code attached to it. If you see content you post on this website somewhere else without giving credit to the Ministry of Rum forums, or yourself, the other publisher has violated your, and the Ministry of Rum, copyright.

You are free to post your original content anywhere you want to? Yes. The liability to you, as the original author, is only your credibility, as others may think that you don't have any original thoughts. If you are selling your reviews to other publishers they may not want to buy your work if it has been published previously.

In the bigger picture, as a content publisher, I have an obligation to protect the intellectual property of the contributors to this website. If someone publishes content from this website without giving credit to you or the Ministry of Rum, I have an obligation to stop that publication of your original content.

As an example, I recently read a rum review that sounded very familiar. When I googled a few phrases from that review, I quickly found the source. I had written that review several years ago but hadn't been given credit for that review. The author of that review is being paid for his work. According to the agreement that he signed with the publisher, he agreed to only submit original content and to not copy previously published work and claim it as his own.

As the copyright holder, I have an obligation to hold the publisher of that website, and the author who copied my work and sold it to the publisher, liable for violating my copyright.

I contacted the publisher of that review who is working to remedy the situation.

Lastly, I am not an attorney, nor do I play one on TV or the internet. I am an author who has published several books, written numerous articles on my favorite spirit and founded the Ministry of Rum in 1995.
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Old 09-19-2009, 12:35 PM   #6
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Well that makes it 'a bit' clearer... Thank you.
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Old 09-19-2009, 12:59 PM   #7
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Thank you for being very specific and clearing this up Ed. I did not want to comment further until you've responded.

You might want to update the FAQ of the site to include the copyright statement if you have not already and consider revising the Terms and Conditions of the site for those who are considering registering on this website. Maybe also include a link at the bottom of the page to the Terms and Conditions for existing members to read.

Last edited by Count Silvio; 09-19-2009 at 01:02 PM.
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Old 09-19-2009, 01:03 PM   #8
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Perfect! Sounds good to me!
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Old 09-19-2009, 03:23 PM   #9
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I will be updating the FAQ and Terms and Conditions. At the risk of sounding like the copyright police, all of this is an effort to protect all of the people who contribute original content to this website and their own.

These rules are not specific to the Ministry of Rum but apply to every publication, where it is your personal website, magazine or any other media outlet.
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Old 09-19-2009, 03:26 PM   #10
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Thank you Ed for answering my questions so well.

I hope I did not seem a little alarmist, but as one who is just beginning to spread his wings a little bit, I really wanted to be clear of not just your intent in posting your message, but more importantly I wanted to ensure that I was following proper rules of conduct. I shall continue to enjoy myself and I will continue to post my musings and my reviews.

You continue to improve this site, it seems, every day, and I appreciate your efforts.

PS

(I love your flair for brutal honesty we have that in common)



Quote:
Originally Posted by Edward Hamilton View Post
This isn't necessarily what I want, it is international law.
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Last edited by Arctic Wolf; 09-19-2009 at 06:06 PM. Reason: added two commas as my punctuation is terrible
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