Copyright-ish thing

rumpelstiltskin

rumpelstiltskin

Greenlighter
Joined
Jan 23, 2017
Messages
18
Location
Belgium
Sooooo,
I'm not the most fanatic poster around here, far from it in fact, but nevertheless read BL on a daily basis. Lately I am plowing through all the MXE megathreads and I noticed some very interesting lines of text in here.

As I am very into psychedelics and like to express this into music, I would love to use this text as a vocal in a musical piece of mine and was wondering if and how I could use this without infringing BL's or any other laws or rules that I may or may not be aware of.

Not being a native English speaker, nor an expert in legislation , I have some difficulty interpreting the BLUA, regarding BL content and copyright (§2/14 and §6 if I am not missing any).
So if someone knowlegdgeable on this topic could shed his shiny light on this for me, it would make me a very happy camper, because I'm going through a bit of a writer's block these days.

Also, if he/she so pleases and according to his/her wishes, I would like to credit the brilliant mind who wrote this.
I already tried to PM the user in question, but it seems that his inbox is full and has not been active since 2013.

Note that I never intend to make money out of this. I do this purely for my own entertainment and that of the people in my "psychedelic circle".

Thanks in advance to anyone taking the time to share his view on my question.


rumpel<3
 
I agree- that's an awesome post. If you don't mind, I'm going to move this to Site Technical Help.
 
The original poster (Sepher) passed away rumpelstiltskin :(

I couldn't personally think of a nicer way to celebrate what he wrote than what you're suggesting <3
 
Oh man... :( That's really awful to hear. My sincere condolances to all those close to him.

So do you think it would be allowed to use this as I mentioned? I wouldn't want to start with it without adefinite answer from BL.
 
i'm not a copyright expert but i do know that the author automatically has copyright of the material. on death of the author, i have no idea what happens. copyright could end, it could pass to the estate, who knows? but anyway, as such, we can't give permission.

i'm not sure you'd be covered under fair use - "...brief excerpts of copyright material may, under certain circumstances, be quoted verbatim for purposes such as criticism, news reporting, teaching, and research" - none of which would seem to apply?

but my hunch is that, if you used the material and gave credit with an invite to the copyright holder to get in touch, along with your email address, that would be fine. but it's a decision you'll have to make.

regards,

alasdair
 
I might be able to figure out what happens with copyrights when the author has passed away, a friend of mine is in the music industry. Maybe it passes on to next of kin or something along those lines...

Besides the "original author copyright" issue, are there any Bluelight rules I have to take into account? (I referred to 2 paragraphs in the BLUA in my "abovest" post that I thought were applicable to my request.) I bolded what I think that applies most:

§2/14
"The Content on this Website may not be used for unapproved commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Website or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Website or the Content without prior written permission from Bluelight.org’s owners. You may not use this Web Site to transmit any false, misleading, fraudulent or illegal communications. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Website, except to the extent permitted above. You may not use or otherwise export or re-export the Website or any portion thereof, the Content or any software available on or through the Website in violation of the export control laws and regulations of the United States of America. You may not use the Website or the Content in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of Provider or any third parties or violate any state or federal law. Any unauthorized use of the Website or its Content is prohibited."

and §6
"By uploading content to or submitting any materials for use on Bluelight.org you grant Provider a perpetual, royalty-free, irrevocable, non-exclusive, worldwide right and license to use, authorize use of, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. You certify and warrant that your content and submitted materials: (i) are your original works or that the owner of such works has expressly granted to Provider a similar license for said works with all of the rights granted by you in this paragraph and (ii) do not violate and will not violate the rights of any third party, including any right of publicity, right of privacy, copyright, patent or other intellectual property right or any proprietary right. If you have submitted a photo, you agree that this photo may be included in the Website or, if you have not submitted a photo, then Provider may, but is not obligated to, display a stock photo or legal image. You hereby consent to the use of such stock photos or images. You agree that you shall have no recourse against Provider for any alleged or actual infringement or misappropriation of any proprietary or other right in uploaded content or submitted materials. You assume all liability for any claims, suits or grievances filed against you, including all damages related to your participation on the Website.."

And as I am rereading this, I feel like I'm beginning to understand. Am I correct when I say that:

1) anything a user posts on BL is automatically "owned" by BL (and thereby transferring the copyright from the original author to BL).
2) assuming "1" is true, I only need permission from BL to use this particular content.

?
 
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