Yukon, OK asked in Copyright, Intellectual Property and Internet Law

Q: Can user contributed content be transferred to another organization?

Indiana registered non-profit corp. members contributed tips/tricks/ideas about our hobby for members to use. We have since disbanded. Can the knowledge library be provided to another group to keep it available or does each contribution remain owned by the contributing member? Some members have passed and it would be a shame to lose their knowledge.

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Consumer Law Lawyer
  • Sacramento, CA

A: When considering the transfer of user-contributed content to another organization, it's important to understand the legal framework surrounding copyright and ownership of such content. Generally, unless explicitly stated otherwise through agreements or terms of use, individual contributors retain copyright over their own submissions. This means that for a nonprofit organization to transfer a collection of member-contributed content to another entity, it would typically need explicit permission from each contributor.

In cases where the organization had a clear policy or agreement that contributions would become the property of the organization upon submission, the situation might be different. If such policies were in place and agreed upon by all contributing members, the organization might have the right to transfer the content as a whole. However, without such agreements, transferring the content without explicit permission could lead to legal complications.

For contributors who have passed away, the rights to their contributions would generally pass to their estate. To transfer these contributions, you would likely need to obtain permission from the estate. Given the value of preserving the knowledge shared by members, especially those who have passed, it might be worth exploring options to legally obtain the necessary permissions or to encourage individual contributors or their estates to grant the new organization the right to use their content. Engaging with a legal professional knowledgeable in copyright law could provide guidance tailored to your specific situation and help navigate the complexities of transferring such content legally and ethically.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.