OK four posts in a row without reply, this might look like I'm talking to myself but this post is EXTREMELY important.
The issue of terms & conditions has been raised a number of times, and to clarify what they mean for this site and for competitions I'm going to explain the following.
I have to warn you this will probably be beyond the understanding of most users of this forum and people who don't have a knowledge of copyright or moral rights.
In the T&C's of this site and in the T&C's of most of the competitions on here there is a clause that asks that you agree to waive your moral rights to the content you either post or enter.
These T&C's are not law, in fact they usually say that themselves.
What's important is that under UK law by which they operate, waivers on issues of copyright and moral rights can only be given in WRITING.
Either pressing an I AGREE button or a general acceptance of the terms in no way waives your rights on issues of copyright or moral rights under English law.
Although electronic agreements are accepted in other areas they are not accepted in this area.
For example you could have an agreement in front of you on a PC with an I agree button,but there are several people in the room.
There is no way of proving who pressed the button.
Copyright and moral rights are usually waived by signature in writing.
The terms and conditions of course don't say you loose these rights but one could believe by reading them that you do.
The fact of the matter is those rights have not been waived.
I did warn you that most would not understand this issue but I do hope you've learned something.
I know I have!
Message Edited by Rustyoldtown on 22-11-2008 08:27 PM
Message Edited by Rustyoldtown on 22-11-2008 08:28 PM
