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Thread: [Display site] Movellas

  1. #1
    Formerly Phantom of Krankor. Torgo's Avatar
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    [Display site] Movellas

    So I'm trawling through various writing communities and display sites and I am having a look at Movellas.com. Someone mentioned to me that they assert certain rights over work you upload to them, and blimey:

    By submitting, posting or displaying Content on or through Website, you grant Movellas a royalty-free, irrevocable, perpetual, worldwide, transferable and fully sublicensable, non-exclusive, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, incorporate into other works, distribute, perform, display, and otherwise exploit such Content, in whole or in part in any form, media or technology now known or later developed on the Website for the purpose of displaying and distributing the Service. You hereby waive any moral rights you may have in any Content submitted by you and you hereby grant each user of the Website a non-exclusive license to access the Content submitted by you through the Website.
    So not only is it a perpetual license for them to do whatever they like with your work, you waive your moral rights? OK, it's non-exclusive, but still.

    The previous clause states

    Movellas claims no ownership or control over any Content submitted, posted or displayed by you on or through the Website. You or a third-party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through the Website and you are responsible for protecting those rights, as appropriate.
    Retaining the copyright to your work seems a bit empty given that you've irrevocably given all your other rights to Movellas. I'm really a bit surprised at the scope. Am I reading this wrong?

  2. #2
    Who's going for a beer? waylander's Avatar
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    There has been at least one writer recently who got a deal from work posted on Movellas (with One Direction fanfic).

    http://www.dailymail.co.uk/femail/ar...-Movellas.html

    I know some young writers with work on there.
    Last edited by waylander; 11-08-2012 at 12:08 PM.

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  3. #3
    The cake is a lie. But still cake. shaldna's Avatar
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    By submitting, posting or displaying Content on or through Website, you grant Movellas a royalty-free, irrevocable, perpetual, worldwide, transferable and fully sublicensable, non-exclusive, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, incorporate into other works, distribute, perform, display, and otherwise exploit such Content, in whole or in part in any form, media or technology now known or later developed on the Website for the purpose of displaying and distributing the Service. You hereby waive any moral rights you may have in any Content submitted by you and you hereby grant each user of the Website a non-exclusive license to access the Content submitted by you through the Website.
    So, basically if you post anything on their site, they own it and can do what they like with it forever?

    I can see this creating all sorts of legal headaches down the line, because basically by agreeing to that clause, you are basically writing off that book forever - because what publisher is going to touch it?
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  4. #4
    Formerly Phantom of Krankor. Torgo's Avatar
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    Quote Originally Posted by shaldna View Post
    So, basically if you post anything on their site, they own it and can do what they like with it forever?
    They would appear to own everything non-exclusively and in perpetuity apart from the copyright, which the author retains.

    I can see this creating all sorts of legal headaches down the line, because basically by agreeing to that clause, you are basically writing off that book forever - because what publisher is going to touch it?
    Well, Penguin, for one. But I think what they had to do with the One Direction fanfic they filed the serial numbers off was to make an agreement with Movellas who were, in some way but not exactly, acting as an agent. I guess the paperwork would have been about Movellas relinquishing at the very least their non-exclusive publication rights.

  5. #5
    i'm a girl. (i have tendonitis) defyalllogic's Avatar
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    So what's in it for the author?

  6. #6
    Formerly Phantom of Krankor. Torgo's Avatar
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    Quote Originally Posted by defyalllogic View Post
    So what's in it for the author?
    A platform? We may actually have entered into a trans-looking-glass world in which display sites that are set up in the right way actually attract attention from trade publishers. I know it sounds bizarre, but it's demonstrably happening, in a way that it hasn't up until now.

  7. #7
    Mostly Harmless SuperModerator CaoPaux's Avatar
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    TOS section 9.2.2 quoted above has been amended (line added): "You understand and agree, however, that Movellas may retain, but not display, distribute, or perform, server copies of Content submitted by you that have been removed or deleted."
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