Original Content Ownership Rights

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So I have IP rights to my original work without registration right?
Yes, in the US, creators automatically have intellectual property rights to their original works, even without registration. However:
- Registration can provide stronger legal protection.
- It can also be useful in potential claims of copyright infringement.
Ok, and video editing apps like on iOS and Android use the device’s audio patents to record audio right?
Yes, Sean, video editing apps can utilize device hardware and software to record audio, but the app must request and receive user permissions. This respects privacy laws and the patent rights of the device manufacturers.
Ok I mean like for example on Apple they use the “microphone” feature on the device to record which is used for everything on an iPhone that records audio that can be replayed, right?
Yes, Sean, Apple's devices use the microphone feature to record audio. This is generally managed under the device's permissions settings. However, the use of recorded audio by third-party apps must be in compliance with privacy laws.
So if I used this feature on any editing apps, they can’t claim ownership of my original recording since they’re all using Apple’s “microphone” feature to record?
Yes, Sean. Applications typically do not gain ownership of content created using their tools, including recordings. However, it's crucial to review each application's Terms of Service, as some may contain language about use rights or licensing.
So they cannot copyright that since it’s my audio and their audio works through the iOS “microphone” feature, right?
Yes, Sean. In general, using an app's features, like the microphone, doesn't give the app ownership rights over your content. However:
- Always read the app's Terms of Service.
- Be aware of any licensing or use rights they might claim.
- If in doubt, consult with an IP lawyer.
What do you mean by the second one?
By "the second one", I referred to the app's Terms of Service. These are rules that govern your use of the application. They may contain clauses about the app's rights to use, distribute, or modify content created using their platform. Always read these terms carefully.
Ok, but what I described is a general thing not an app exclusive thing, the app just has something every other app can have.
Yes, Sean. The specifics can vary by app, but generally, using a feature common to most apps (like the microphone) doesn't grant them rights over your content. However, unique features or technologies within an app might be handled differently, depending on the app's Terms of Service.
So if I used such common feature to record original non-copyrighted/non-trademarked audio, like me reading my own original script with my voice for example, they legally cannot copyright it, right?
Yes, Sean. As a general rule:
- You hold the copyright to your own original audio recordings.
- Third-party apps should not claim ownership simply because you used their platform.
However, always read the app's Terms of Service. Some may have clauses regarding content created on their platforms.
And this means they cannot stop you from using what I just described commercially since it is original audio from a common general feature?
Yes, Sean. In general, if the audio recorded is your original content and not copyrighted/trademarked by others, you should be able to use it commercially. But, remember to always review the app's Terms of Service for any specific conditions about commercial use.
Well that’s where it confuses me, the feature is general and common and is original audio being recorded, but what if the tos says non-commercial use for the app only? This confuses me.
If the Terms of Service limit use to non-commercial purposes, it means you may not be able to use the recorded audio for commercial purposes regardless of whether it's your original content. Check the specific language in the TOS, or consult with an IP lawyer for clarity.
What?
When an app's Terms of Service (TOS) mention non-commercial use only, it generally means that you cannot use content created or edited within the app for commercial purposes, even if it's your original content. It's always best to consult with an IP lawyer if you're unsure.
But it is my content
Yes, Sean. Even though it's your content, the app's Terms of Service may contain clauses regarding the use of content created within the app. If the terms prohibit commercial use, you may need legal advice to understand your rights and obligations better.
I think we hit a gray area
Yes, Sean, it can indeed be a gray area. It's crucial to consult with an IP lawyer to understand your rights and obligations better in such scenarios, as they can provide detailed advice based on the specific Terms of Service and your situation.
Yeah because it’s my original content using a common general feature, but the app terms of service says non-commercial use even though this feature isn’t exclusive to the app itself
Sean, your situation is indeed complex. It's not uncommon for Terms of Service to have such restrictions. The app can set its own terms for how the content created within it can be used, even if it's a common general feature. Consulting an IP lawyer would be the best course of action here.
I just don’t think they legally have the right to claim ownership of my original content
Indeed, Sean, in many cases, apps don't have the right to claim ownership of your original content. However, their Terms of Service may impose restrictions on how you can use your content, particularly for commercial purposes. Consulting with an IP lawyer can help clarify these legal nuances.
Now what if an app doesn’t mention if they allow commercial use or not, they can’t do anything to me since it’s not in the legal agreement right?
If the app's Terms of Service (TOS) don't mention restrictions on commercial use, you may use your content commercially. However, it's still recommended to consult with an IP lawyer to ensure there are no implicit restrictions or potential legal issues.
Ok good so that means they can’t stop me right?
In general, if an app's Terms of Service do not explicitly restrict commercial use of your content, they likely cannot stop you. But remember, legal nuances can be tricky, so it would be safest to consult an IP lawyer to ensure full understanding and protection of your rights.
But what if the terms get updated restricting it, but my content with it was made before these rules were established?
If the Terms of Service change after you've created content, it generally applies moving forward and not retroactively. However, this can vary depending on the language in the updated terms. Consulting an IP lawyer to review the new terms would provide the most accurate advice.
What?
When an app updates its Terms of Service, the new rules typically apply to content created after the update. Content created before the update should not be affected. However, the specifics can vary, so consulting with an IP lawyer is recommended to understand fully.
Ok good because I don’t really have control of that
You're right, Sean. Updates to an app's Terms of Service are beyond your control. It's recommended to stay updated with any changes and consult an IP lawyer if you have concerns about your content. Remember, your rights may depend on each app's specific terms.