Rights and Privacy Audit – Week 4 – Professional Portfolio

The websites, hosts and email providers that I currently use are:

  • Facebook
  • G-Mail
  • Flickr
  • WordPress
  • Twitter
  • Instagram
  • YouTube

The rights that I am willing to give to the companies whose services I use are the following:

  • Posting adverts on my website
  • If I make a custom theme other people can copy it as long as they credit me for the original.

The rights that I am NOT willing to give up to the companies whose services I use are the following:

  • Copyright on images (nobody can copy/reproduce or distribute my work for finanicial gain or any other purpose.)
  • Copyright on any text that I write
  • Copyright on any graphics that I may design for use on there
  • All original content created by myself shall remain my own.
  • Selling my details to a third party, either for free or financial gain.

WordPress

WordPress is the website that I feel that I may use to create my professional portfolio due to it’s simplistic nature and ease of use, as well as the fact that it’s free. However if you want to add extra features to your website and add things to make it better then there are also paid services you can use on there in order to upgrade it. Reading through their terms of service gives me the impression that they like to leave the copyright with you if you post anything to any of their websites, but also state that anything ‘they’ put on their website leaves the copyright with them and so you are not allowed to use that. As you would expect.

Copyright Infringement and DMCA Policy. As Automattic asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by WordPress.com violates your copyright, you are encouraged to notify Automattic in accordance with Automattic’s Digital Millennium Copyright Act (“DMCA”) Policy. Automattic will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Automattic will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Automattic or others. In the case of such termination, Automattic will have no obligation to provide a refund of any amounts previously paid to Automattic.
Intellectual Property. This Agreement does not transfer from Automattic to you any Automattic or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Automattic. Automattic, WordPress, WordPress.com, the WordPress.com logo, and all other trademarks, service marks, graphics and logos used in connection with WordPress.com, or the Website are trademarks or registered trademarks of Automattic or Automattic’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Automattic or third-party trademarks.

Even if you use their website to create your own and you buy your own domain name and everything, they still retain the right to use the following bits of information on your website, which can make your website look completely like your own but as you are using their service it is completely acceptable for them to have the right to do this:

Attribution. Automattic reserves the right to display attribution links such as ‘Blog at WordPress.com,’ theme author, and font attribution in your blog footer or toolbar. Footer credits and the WordPress.com toolbar may not be altered or removed regardless of upgrades purchased.

All quotes taken from the WordPress.com Terms of Service.

Moonfruit

Moonfruit is a website builder that I may look at using because it is quite a cheap service to use. Granted it might not be the best service available to use but given it’s price tag there is a multitude of things you can use it to do and if used well could potentially make a very good looking website.

In Moonfruit’s terms and conditions they use a couple of difficultly worded paragraphs, which on first inspection makes it sound like they are saying ‘any content you upload onto your website, which is hosted by us, will remain owned by you.’ And then the following paragraph makes it sound like they say ‘however we are allowed to use this work but no one else is.’ This could be seen as a bit misleading and I’m still not entirely sure what they are trying to suggest with what they have written. But my understanding is that they mean they can use your website to advertise the sorts of websites people are able to create using their service. Here is the paragraphs that I was referring to:

Intellectual Property Right and Licences

8.1. All copyright, design rights and other intellectual property rights owned by you in any text, software, music, sound, photographs, graphics, video, page layout and design or other material which you upload or post to SiteMaker (collectively referred to in these TACS as ‘Member Content’) shall remain your property and, in accordance with paragraph 7.3(c), you shall not upload or post any Member Content that infringes the intellectual property rights of any party unless you have the permission of the owner.

8.2. By uploading any Member Content to SiteMaker, you grant the Company and its successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable licence to display and reproduce such Member Content, both digitally and in print, without any duty to account to you, provided that such use shall be limited to use for Sitemaker’s promotional purposes only. You further agree that upon posting any Member Content within a private, members-only group on SiteMaker you grant the Company, and its successors and assigns a non-exclusive world-wide, royalty free, perpetual, non-revocable licence to distribute, display, and reproduce such material to other members of that group. You also grant the Company the right to authorise the downloading and printing in whole or in part of any material that you have posted to a group on SiteMaker, by end-users for their personal use.

Moonfruit state something in their terms that could be a little bit worrying, it states:

(d) The Company shall have the right to delete or remove any SiteMakerFree site that has remained inactive for a period of 180 or more days.

If you are unlikely to use your website very often to add things, change bits, post updates then this might be quite a bit of a problem. Fortunately for me I am the sort of person who can always find something about my own work that I want to change so I would probably be constantly logging on to change aspects of my layout, images, work etc.

Also it only states that this is for the ‘freesitemaker’ so if you choose to undertake a paid service from them, which can be quite cheap on Moonfruit, then they wouldn’t be able to remove your site after a period of inactivity. And so they shouldn’t if you are paying for it.

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