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Posted: Thu, 15th May 2008, 12:42pm

Post 1 of 6

Simon K Jones

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FXhome Team Member

Contributions to FXhome Limited

1. By sharing any contribution (including any text, photographs, graphics, video or audio) with FXhome Limited you agree to grant to FXhome Limited, free of charge, permission to use the material in any way it wants (including modifying and adapting it for operational and creative reasons) for any FXhome Limited projects in any media worldwide in perpetuity and gratis. In certain circumstances FXhome Limited may also share your contribution with trusted third parties.

2. You must be 16 or over to submit content. If you are under 16 years of age you confirm that you have the consent of your parent / guardian to share your contribution.

3. Copyright in your contribution will remain with you and this permission is not exclusive, so you can continue to use the material in any way including allowing others to use it.

4. In order that FXhome Limited can use your contribution, you confirm that your contribution is your own original work, is not defamatory and does not infringe any UK laws , that you have the right to give FXhome Limited permission to use it for the purposes specified above, and that you have the consent of anyone who is identifiable in your contribution or the consent of their parent / guardian if they are under 16.

5. You must ensure that your contribution is free from any claim by anyone, including, but not limited to any union, guild, third party company, website or Internet hosting service.

6. We will endeavour to acknowledge all contributors whose work is used in the relevant projects' credits, unless you request otherwise, but for operational reasons this is not always possible.

7. FXhome Limited reserves the right to not use your contribution. If your contribution is not used then you will not be acknowledged in the the relevant projects' credits.

8. Please do not endanger yourself or others, take any unnecessary risks or break any laws when creating content you may share with FXhome Limited.

9. If you do not want to grant FXhome Limited the permission set out above on these terms, please do not submit or share your contribution to or with FXhome.com.

10. If you have any questions about contributing content to FXhome Limited, please contact us at team@fxhome.com.

Last edited Fri, 9th Sep 2011, 1:03pm; edited 2 times in total.

Posted: Thu, 15th May 2008, 11:37pm

Post 2 of 6

Kid

Force: 4177 | Joined: 1st Apr 2001 | Posts: 1876

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You have mentioned that copyright material may be shared with 'trusted 3rd parties' but not asked for permission to distribute the final project. I am not a legal expert but I'm pretty sure 'use' and 'distribution' are seperate legal terms and you've only asked to use it, not to be able to distribute it. Also doesn't the situation in Germany (that has been brought up in the media recently in a couple of high profile cases) mean that users from there can not give you these rights?
Posted: Fri, 16th May 2008, 8:08am

Post 3 of 6

Simon K Jones

Force: 27955 | Joined: 1st Jan 2002 | Posts: 11683

VisionLab User VideoWrap User PhotoKey 5 Pro User MuzzlePlug User PowerPlug User PhotoKey 3 Plug-in User FXhome Movie Maker FXpreset Maker Windows User

FXhome Team Member

These kind of agreements are always a little open to interpretation, especially when you're dealing on an international level. You can never really cater for all the laws in every single country.

The purpose of the T&Cs is to make everyone fully away of what we intend to do with material. As you say, whether it's fully legally binding or not is debateable - the important bit is that we're stating our intent, and anybody that submits stuff will be fully aware of that intent.

I'm also not a legal expert, so I'm not sure about the difference between use/distribute, but I'd say that the line "permission to use the material in any way it wants (including modifying and adapting it for operational and creative reasons) for any FXhome Limited projects in any media worldwide" makes it pretty clear. Specifically any FXhome project and any media.

For specific contributions I believe we're also going to arrange individual release forms with the contributors, when the situation arises.
Posted: Fri, 16th May 2008, 6:38pm

Post 4 of 6

Kid

Force: 4177 | Joined: 1st Apr 2001 | Posts: 1876

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I don't know why someone has rated that post down but I just wanted you to clarify the first point which you have done quite reasonably.

It may seem petty to quibble over the legalities now and hope to just sort it out later but in similar projects like this I have found it comes up at some point and then if you are unlucky you have to throw out a bunch of work by a whole group of contributors because one doesn't like something or other and/or the rights wern't given in the correct way or whatever. Its a pain that all of our IP laws arn't really clear and easy to use for group projects like this.
Posted: Fri, 16th May 2008, 7:18pm

Post 5 of 6

Simon K Jones

Force: 27955 | Joined: 1st Jan 2002 | Posts: 11683

VisionLab User VideoWrap User PhotoKey 5 Pro User MuzzlePlug User PowerPlug User PhotoKey 3 Plug-in User FXhome Movie Maker FXpreset Maker Windows User

FXhome Team Member

I'm not seeing any negative ratings here? A mod must have removed it already. Which post was it on?

And yeah, it's shame there isn't something standard and recognised that can be used for this kind of thing. With Internet proliferation, there really needs to be a common, recognised system to help group projects like this to run smoothly.
Posted: Fri, 16th May 2008, 7:29pm

Post 6 of 6

Kid

Force: 4177 | Joined: 1st Apr 2001 | Posts: 1876

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Gold Member

They have.

I concur.