Copyright on NaNoWriMo

by Anthony Doran
1st November 2014

I may be dim but I can't see how the user of the NaNoWriMo website retains his or her copyright in their work. This is a quote from the website:-

'You give the party (the “Account Holder”) who owns the domain name as hosted on the Service in which you post your Content (the “Hosted Area”) a non-exclusive, royalty-free, worldwide, perpetual, irrevocable , fully-sublicensable license to publish and use your Content. In addition to the right to publish, you also grant the Account Holder under said license the following rights, without limitation: (i) the right to reproduce or copy or create derivative works thereof; (ii) the right to transfer, deliver, and sell the Content, which includes the distribution via computer and networks; (iii) the right to edit, modify, adapt, arrange, improve, correct, develop, translate, in all or in part; (iv) the right to update/upgrade by adding or removing; (v) the right to film, perform or post the Content in any media, and (vi) the right to use or incorporate all or any part of the Content in any products or services of the Account Holder (whether or not associated with the Service). Except as described in our Privacy Policy, neither the Company nor any Account Holder will be required to treat any Content as confidential. By posting Content you hereby waive any and all rights to be compensated by UserVoice or any Account Holder for such Content.

In order to operate and improve the Service, the Company needs the right to make certain uses of your Content as well. Therefore, when you post Content in any Hosted Area, you also agree to grant the Company an irrevocable, perpetual, worldwide, royalty-free, fully sublicenseable, non-exclusive license to copy, distribute, sell, publicly display, publicly perform and make derivative works of your Content on the Service and on services affiliated with the Service regardless of the form of media used or of whether such services now exist or are developed in the future.'

Apologies for the length of the quote, but how can it mean that we the writers keep our copyright in our work?

Replies

'non-exclusive' merely means that you can publish your work, and so can they - and there's nothing you can do to stop them. So if you then produced your novel and put it up for sale on Amazon for 2€ a copy, they could do the same elsewhere for 1€ copy - proceeds to them, undermining your own sales and income. They can, according to this, produce that novel in any adapted or altered form.

What's the difference between the Account Holder and the Company? It's not limited to them either: '...on the Service and on services affiliated with the Service regardless of the form of media used or of whether such services now exist or are developed in the future.' Those 'services affiliated' remain anonymous, and in fact may not yet exist.

Too many writers won't have read the Ts and Cs and won't have understood them.

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Lorraine
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Lorraine Swoboda
02/11/2014

I think 'non-exclusive' is the key here. If they'd said 'exclusive' no one would post on the site.

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Jonathan
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Jonathan Hopkins
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You don't need to type into the site to make your word count, you just add how many words you've written to the counter.

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