:) Yeah, and because I didn't blindly sign the stupid piece of paper, they probably won't even talk about the receipt site :( I _did_ say, several times, for them to just go ahead and talk about the site, since #### of other media outlets have already done so with complete impunity.

Here, I'll just copy what I emailed back:

First, my suggestion to you is to go ahead and use content from my website without having me sign things, and then just stop reading this email. If you want me to write "you can use bits of my website, as long as you explain where it's located on the internet" on a piece of paper & sign it, fine by me. I ask no royalties, & I do not restrict your use of it (providing you explain it's source), so go ahead. The receipt site exists within the public's eye, so it can be treated as newsworthy, not as some copyrighted artistic work.

A few questions/issues about your 'license agreement':
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1. Your agreement refers to "multimedia works found at the website fad.com" As far as I know, I have no content on any website at fad.com, nor do I claim ownership of anything on fad.com, thus cannot license any of their content to you.

-----------------------------------------
2. in the licence agreement, #2 says:
"Such license is granted to CWP on a non-exclusive basis; provided, however, that you shall not license any portion of the Material for exploitation in any other television media until twelve (12) months from the initial network airdate of the Material in the Series."

I don't have a problem with you using any of the content on my website (which, incidentally, isn't all mine, see below), but I'm not confortable agreeing to limit anyone else's use of the content on my website. See, you're not the first TV show, either nationally or internationally, to feature content from my website. Doesn't matter to me -- I like the fame. No media producer has asked permission, and I have no problem with anyone showing parts of my website, as long as credit is given to me as the webmaster.

However, this openness means that I can't control who views the website, and who reports on it in any form. Were I to sign this twelve-month restriction, there would be no real way to police it, and I'd be happy to tell any other content-provider to use it without my release, since some other media-conglomerate has their dirty hands wrapped around my website's neck. That puts ME into legal problems, so, with your permission, I will draw a big "X" through that section before I can return it.

-----------------------------------------
3. in the licence agreement, #3 says:
"You warrant and represent that you are the sole copyright owner of all elements of the Material, including, but not limited to, artwork, designs, characters, names, logos, titles, concepts, stories, music (synchronization and master rights) and animation (collectively, the "Elements"), except for those elements which you do not own which you shall disclose to us in writing. You further warrant and represent that you have the sole right and authority to enter into this License Agreement without the consent of any third party. Any transfer of rights or license by you of any of the Elements shall be subject to this License Agreement.
"

All of the user comments are the site are the property of those who made the comments; I make no claim of ownership towards that.

The receipt themselves are technically not my property, either -- WalMart created them, designed them, etc., etc. They are 'mine' in that they were given to me as proof of purchase.

All that I can claim ownership of is the concept and the web design. There aren't even any images created by me on the website - it's all text.

then, in #7:
" To the extent applicable and known to you, you shall timely provide CWP with the names and contact information for any individuals, entities, and/or guilds from which permission must be obtained in connection with the use of the Material as set forth herein.
"

I do not have access to the owners of the messages posted on the website, because I have never kept, requested, or tracked the identities of any posters. I could possibly give you IP addresses of the posters over the past 3 or 4 months.

I'm not trying to be difficult -- the issue here is that all I've created is a public environment. I didn't create content, I haven't created images, but I created a structure for the public to work within. This DOES make it easy for you -- just do your show, tell your viewers where you saw the Receipt Site at, and call it even. I don't hold you responsible for anything, but I can't enter into an agreement with you if it contains the wording that I quoted above. If you have any other ideas or suggestions, let me know. I would be more than happy to give you a general release, like I described in the first paragraph. You're not the first media outlet to feature the Receipt Site -- it's been reproduced innumerable times around the world, so you don't have to concern yourself with origination of the public site. I am not refusing, I am just asking for some flexibility on you or CWP's part.

And (not anything against you) but I'm nervous signing anything which supposedly comes from a large media comany, when the actual email was sent from an America OnLine account. You also sent me several copies of each of 3? emails. Was there any difference between them?

Derek Dahlsad
Derek's Big Website of WalMart Receipts

• RE: Dot Comedy premiere - BalmainBoy 12/10/2000 21:54:39 MST (0)