ISP usage of my content

[gbarnis]

Jurisdiction

Ontario

Hi,

I recently wanted to upgrade my internet connection by switching to Virgin, but upon an examination of their terms and conditions I came upon this clause that did not exist in my current ISP and raised a massive red flag for me.

31. Can Virgin Mobile use my content?
To provide Internet Services, Virgin Mobile may need to use, copy, adapt, transmit, display, publish and perform, distribute and create compilations and derivative works from your content. By agreeing to receive the Internet Services, you waive your moral rights and you authorize Virgin Mobile to perform these activities in relation to your content anywhere in the world, solely as required for Virgin Mobile to provide you the Internet Services. You acknowledge that Virgin Mobile may store your content so you can access such content, but that if you fail to access such content within a certain period of time (as determined by Virgin Mobile), or if the Internet Services are cancelled, Virgin Mobile may delete such content without notice to you.
(The full contract can be read here: Virgin Mobile Home Internet Terms of Service)

My points are:
1) There would be no way for me to know what, how and why they are using my content for ("solely as required for Virgin Mobile to provide you the Internet Services" seems like a broad and vague term).
2) Going to court after signing a contract that "waives my moral rights" and against a massive company like Virgin will be a waste of time and money.

Let me know what you think, and even if this seems legal to you.

Thanks,
Guy

 

[Tax Counsel]

Hi,
Let me know what you think, and even if this seems legal to you.

This site only deals with U.S. law. As your question involves Canadian law, we can't help you much with that. The law in the two countries is different. For example, U.S. copyright law does not include moral rights like Canada does. The Canadian government has a page that explains moral rights that may be useful to you.

 

[adjusterjack]

Let me know what you think,

If you don't like the terms, don't use the service.

That's what I think.

 

[gbarnis]

Thanks, that's useful!

 

[zddoodah]

Going to court after signing a contract that "waives my moral rights" and against a massive company like Virgin will be a waste of time and money.

I don't disagree with this but it's not for the reason you likely think, and I'm guessing that you do not understand what "moral rights" means in this context. Do you?

Also, I think the most important words in this blurb are the following (emphasis added): "solely as required for Virgin Mobile to provide you the Internet Services."

For example, U.S. copyright law does not include moral rights like Canada does.

The U.S. Copyright Office would disagree. While it would be correct to say that the U.S. does not recognize "moral rights" to the same extent many other countries do, the statement that "U.S. Copyright law does not include moral rights" is incorrect.