Quote:
Originally Posted by After Shock Media
My issue was never about waiting for them to sign it. My issue is with that the license issuer never returns a signed copy to the license holder. Thus in the future when the licensor says show me a signed copy they can not since nobody ever bothered to send the buyer a damn signed copy back. Before the sale, after the sale, hell 30 days latter, it does not matter as it does not get done.
Now if you sign a contract and they do not sign well obviously they do not have any rights now do they as the contract was never filled. You as the licensor are in a good faith situation anyways. You already know whom is allowed to use your material and can protect your rights to the full extent of the law if they can not show that they have a valid contract.
Lastly you took great issue and painfully argued that nobody had the right to register/license the content to a company or domain and then sell that domain or company and have the license move with it. Again yes your right to do this if your choose, however it is not dictated in your old license agreement that this can not be done as the content is not being transferred to someone else, ownership of the company is and the same company owns the content whom it was licensed to. This alone was purely a money grab as it was not spelled out in your old agreement. Though I nor nobody else really should pick apart the old agreements as that would just be down right mean and spiteful.
Sadly I am on your side for the most part, just not in your tone, voice, or how you went about it. I also really feel you should update your license to bring it out of the internet dark ages and into today's world to better serve your clients and to better protect your own rights.
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We always sign and return licenses, we are also in the magazine and DVD business and they have lawyers. LOL
Yes it clearly states in our license that it's not to be sold with the company and cannot be transferred. In this case all irrelevant as I pointed out to the seller and the new buyer what the license says. They just din not want to abide by the terms.
99% of the time we transfer these licenses with little to no trouble. We give the new buyer a list of the content, he goes back to the stores and adds them to a new basket. He signs out and gets a new license. We don't transfer the old one. It's easier to do a new one. Any charge we decide, usually 5-10% is paid and everyone moves on. Happiness is the aim.
This case was someone knowingly breaking the license by selling it, and using it against the terms of the license, the new buyer constantly thinking he had bought content and not a license, him losing the content and then telling me I should provide him with a new FTP.
He had no IDS, Model Releases and less idea what belong to who. He was never shown the license. What I should of done was told him to speak to the buyer as he was no customer of mine. Yes I did not kiss the guys ass for buying my content from someone else and then thinking I would give it to him all again.
After all that the guy takes it to the boards and starts flaming me. For sticking to my license.
The reason for Terms and Conditions is to protect other buyers and the seller. Otherwise what's the point of having them?