"a fish, a barrel, and a smoking gun" |
Legal Unease The reservoir of content called the Web is deceptively shallow, especially when one considers all those surfers gliding about. So the obvious direction in which to siphon art and information is from the meat media to the online realm. Surely, the Web can suck. But a few savvy hucksters have realized it can blow, too. Say you were a media overlord and a few of your underlings from various parts of the conglomerate kept singing the praises of the Web. But how to use this thing? Should you dip into your almost-inexhaustible store of intellectual property and send free digital tidbits to any Internet-connected buffoon who grunts that simplest utterance of computer interaction, the mouse click? Doesn't sound too bright, since you can't see how this gets you money, or anything else useful. In fact, like everyone else, you can't see any way the Web could get you money. But if there is some worthwhile material online, why not set up shop and buy content? You could leverage the Web just as you've leveraged everything else. A capital idea, which lends itself to two distinct approaches. The first: Brag about your clever idea, sing the praises of selling out and backwards-repurposing, and generally be rather circumspect about what you're planning to do. Treat your writers and photographers like freelancers (you don't even have to treat them like human beings), and give them contracts that outline what they're selling when they fork over their copy or negatives. If you're a burgeoning new media publishing company, you could buy just the publication rights. Not all the derivative rights that let you make movies and TV shows. Not the moral rights that let you claim the work as your own and omit the photo credit or byline. Then, your content-generating personages will at least know what they're being paid for, and they, along with those who look at the content, will be happy. You might name your site with a common, suggestive word. The other way, more suitable for a true media colossus: Treat the content-creators - obviously desperate, starving artists (or they wouldn't be working on the Web, right?) - like ghostwriters. Treat them like indentured savants who aren't allowed to own intellectual property. Purchase all the publication rights, and every other kind of right, so you can do anything with the effluent of their mind's wellspring, even a "What's Up, Tiger Lily?" number. Then you could advertise your site on TV and prepare to move the content into new channels, unbeknownst to the luckless rubes who sold their work to you at cut-rate Web prices. You could name your site something obscure and inscrutable, but at the same time suggestive. No one has to know it's British. Since some would use the net to covertly capture content, the writers and photographers who ply their trade online should be scoping out the issues and looking closely at those slices of tree they're signing. Those who contribute to websites as freelancers could find out, like the unfortunate organ donor in Monty Python's The Meaning of
Life well-intentioned contract will lead them to be gutted when they least expect it. The risk, of course, is only to their content, not their contents. Still, artists, photographers, writers, musicians, and others who add onto hip webzines should be wary if contracts assign unusual rights (say, all of them, exclusively, forever) to the site's honchos. Otherwise, they might leave their heart in San Francisco, or, more likely, in Atlanta, in the clutch of some media monstrosity's Web arm. It's not only the freelancer cult that has cause to worry. Since the Web is two-way (in theory, at least), everyone can be exploited, not just those who are good enough to get published. Some online services make it very clear that postings, chattings, and Web publications remain the author's property. Other entities are more cagey about these user rights, omitting notice of them, or sometimes appending one of their own copyright notices where it doesn't belong. In the case of the friendly neighborhood ISP, this may pose little danger. But when telecommunications giants, big-time corporate alliances, media companies, national providers, and even interstate banks start playing the game, danger lurks. After all, a national mogul can purchase a few twentysomethings, flay them, and disguise himself in their skin, Hannibal Lecter-style, in order to garner more media grist. So why be surprised if a helpless-looking website has you for an intellectual snack and leaves the fruits of your mind lifeless in an ambulance - or stranded in the Satellite of
Love We like to believe that as long as we behave ourselves when we traipse though corporate chat-space, we can go home and take the ownership of our utterances along with us, just as we would if we conversed with someone in "real" life. When we have an in-the-flesh conversation, after all, everyone who participates "owns" the discussion jointly, even if someone legally ejaculates a copyright notice to start things off. Where in the online world would the behemoths of media get the idea that they own everything that happens in their chatspace? When we have a conversation facilitated by a community conferencing system, or by one of our fave Web mags, everyone assumes we own our own words. But when a famous fellow fraternizes online, the transcript naturally settles onto the website. Then, it can get legally lumped into the same category as all the other content - or at least appear that way. From this, the less clueful might take their cue. With particularly attractive content magnets, who draw in submissions by means of contests and other enticements, the threat to writing rights can be palpable for the user. Your non-award-winning anecdote describing your most embarrassing sexual experience may not have earned you any money. That page of gobbledygook on the submission form, however, was telling you in a subtle way that your submission may get you published in some compendium of bathos. And this time, you better hope you're not given The wandering beholder can snack safely, from afar, upon the gingerbread homepage that media witches built. But beware. Whenever a mark - whether a freelancer, self-publisher, conference poster, or chat participant - frolics too close and begins to ornament such a structure with original eye candy and $5 vocabulary words, she risks seeing her content parlayed into filthy lucre. Someone else's filthy lucre. Maybe, even, by way of cable TV. courtesy of the Internick
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