Selling on Multiple Channels?

Know Conditions of Use

Any company that sells goods online or markets online typically utilizes multiple channels — such as its own site, Facebook, LinkedIn, Etsy, and Amazon. However, most businesses don’t know the rights they’re giving up when they advertise through stations beyond their own sites. Oftentimes, companies give up rights to particular data that is put on these other websites.

If you will sell products, or post content, or market on these outside stations, you need to play by their rules. In this guide, I will deal with the most frequent rights given to the owners of these sites through the conditions of use and exactly what they imply.

If you will sell products, or post content, or market on these outside stations, you need to play by their rules.

Importance of Intellectual Property Ownership

When you begin to use a web site, it most cases you agree to its terms of use — either explicitly or implicitly by using the site. This is a binding contract between you and the owner of the site. It’ll go over who may use the web site, what you can do with the site, along with other matters such as yields, payment, and other general applications.

For people who contribute content or information to such websites, like images and product descriptions to Facebook or posts to LinkedIn, among the most important, and most overlooked, areas of a terms of usage is the intellectual property section. This matters because it’s through the intellectual property section that a user of a web site gives up rights to what’s posted.

Frequently, the most important element of the intellectual property section of the conditions of usage is that the grant of the web site owners a”permit” to anything you post to the site. To put it simply, a license is a right to do or use something with the content that you place on the site. Having a license isn’t the same as possession; usually the permit holder’s rights are restricted in some way. However, some licenses are so broad, the rights they provide can begin to approach those of possession.

Intellectual Property Terms

Here are the most frequently used terms, in addition to an overall explanation of what these terms mean for you and what rights that you’re giving up in the event you agree to grant a permit.

  • sub-licensable. This means that the owner of this site that you’re using can license the rights to your work posted on the site before asking your permission (provided the operator can simply license the rights you have given to the proprietor, nothing longer ) without asking your consent and the owner continues to own the rights that you gave them.
  • royalty free. This means that the owner of the site doesn’t have to pay you anything to use your job for any reason unless otherwise stated in the conditions of use for the site even if the site owner makes money from your work.
  • perpetual. This implies that you can’t revoke the permit at any time and the site owner gets the rights given in the license indefinitely.
  • irrevocable. This implies that you can’t revoke the permit for any reason unless permitted in the contract even if the site owner makes money from your job, uses it in ways that you don’t enjoy, or just wishes to terminate the arrangement.
  • non-exclusive versus exclusive. When the license is exclusive, the site owner has the sole rights to the job that you posted on it (including any rights you had to the job — for example, you may just post it to that site and not to another site such as Facebook). If the permit if non-exclusive, then you keep rights to the job and you are able to assign these rights to other people and entities too (i.e., you can post the exact same thing on Facebook and LinkedIn).
  • transferable. When the license is transferrable without asking permission of the owner, then the site operator can transfer that license given in the agreement to anybody that the site owner wants. By way of instance, if you give ECLewis.com (this is my company’s site; it is simply an illustration, my terms of usage state something different) a transferable, non-exclusive, sub-licensable license to copy, alter, or create derivative works of any material you post on the internet to ECLewis.com, this means that you’re granting me the right to move the identical license to another person. Ensure that you are okay with this, since the permit could be given to your competitor, a site that you find morally questionable, or just somebody you do not like, all with no upcoming permission.
  • assignable. If the permit is assignable, it’s extremely close to being transferable. The one thing which may (depending on the court) differ between the two conditions is if the obligations under the contract are also being transferred.
  • fully paid up. If a license is fully paid up, then the site owner doesn’t owe you anything for future applications of the job that are permitted under the license. This means that, so long as the work has been used as agreed to in the permit, you get no extra payment for all applications that fall under the agreed upon usage.
  • worldwide. If a permit is worldwide, this implies the permit that you grant is great throughout the world; the site operator may use the content both in the USA and in other countries also.

Next month, I will follow up on how to review copyright and intellectual property clauses, by covering what”now-known” or”later found” mean and what”change,””adapt,” and”perform” mean from a legal standard from the intellectual property clauses in a site’s terms of use.


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