Who owns copyright to forum posts?

[Hellan]

Thank you for your reply, this is just the sort of reassurance i needed beofre posting my own work on my own site. I'm glad it isnt just me who finds their attitude in the matter offputting. I have since left their fourm.
Once again many thanks,
Hellan

[andrewstronge]

The situation is really quite clear. By posting on a forum freely and under no pressure from a third party you enter an agreement between your self and the forum owners. Once you have left you have no right in law to insist that your post be deleted. If you could then an author leaving there publisher would be entitled to insist all publication by the publisher would have to be returned, and that would be impossible.
There is what’s called a fair usage act, if say the forum owners sold or republished your posts on another forum then you would have the right to insist it was removed, but all the time they break no such rules you really don’t have a legal leg to stand on.
You however can insist on seeing any post or information held by them under the data protection act and freedom of information act.

Another thing to remember allot of forums use USA based companies there for comes under US laws, if that is the case I think you should request details on anything held on you and copies of your posts, this they are obliged to supply. There have been lengthy cases going on in the US costing many millions of dollars. Also remember if you decide to go down the legal rout it would have to end up in a high court, you could argue its contravening you basic human rights but as I said a court case can be lengthy and costly and almost certainly you will lose and end up paying the other sides cost. You won’t be able to get legal aid but the other side might if they can prove financial hard ship.

I hope I have helped.

[i]This is a personal opinion and in no way can it be used in a court of law or can I be liable for its contents ©[/i]

[Tennant]

As an extension of this line of thought...

If someone posts a positive comment/review of a product on a public forum and the manufacturer of the product then takes that comment/review and quotes it in their marketing literature without seeking permission, are they in breach of copyright?

What if the forum belonged to the manufacture (eg a support forum on their own website)?

Does it make a difference if the original author of the post is or isn't credited? If they are credited could they be seen to be ensorsing a product and hence seek payment for such endorsement?

We increasingly get asked to incorporate quotes from 3rd-party websites on marketing materials we produce; but so far we have always advised against this, but see other companies regularly doing it.

Tennant

[Warlock]

Hi Tennant..

A very interesting point.

I think 'yes' they are in breach of copyright. As I understand it, (assuming the forum does not belong to the manufacturer), the manufacturer should contact the person that posted the endorsement (or go through the forum owner to contact them) and get permission to use their content.

I have however seen forums that seem to 'claim' copyright to the material posted on their sites (presumably there T&S for forum use specify this - but frankly that seems wrong to me) and if the manufacturer runs the forum they only need to put a clause in the T&Cs for the forum to the effect 'we can use your posts however we want'.

You are right that a lot of people don't bother to get permission - it's a risk, but often copyright owners don't realise, don't know their rights, don't care or can't be bothered to take action. I am sure there are complaints, but in most cases the manufacturer removes the quote and the complaint goes away.

[Disgruntled]

Hi
I also have an issue with copyright of forum posts.
I own a forum, and two of the admin recently left and formed their own community.
I have now found that they are copying other people's posts, without permission, and posting them on their forum.
I am pretty sure this is not okay.
What should I do?
Also, what should I put on the terms and conditions to make sure it is absolutely clear that this is not allowed?

I really would be most grateful for any help!

[CopyrightAid]