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.
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.
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