ComedyTime and DailyMotion strike deal

by Brian McKim & Traci Skene on October 15th, 2007

A press release heralds a deal between “the world’s largest independent video sharing site” and “the global market leader in original comedy content created for wireless handsets.” Hardly a week goes by when we don’t see a similar announcement.

Check out the last paragraph in the Terms of Use on the ComedyTime site:

…by submitting Materials in any form to us, in addition to other provisions of the Terms, you automatically grant Comedy Time, and its successors, assigns, and licensees and parent, subsidiary and other affiliated entities (“Comedy Time”), an exclusive, fully-paid, world-wide, royalty-free license to publicly display, publicly perform, distribute, and reproduce the Materials in any manner and in any medium, including, without limitation, through physical copies such as still photos, videos, and CDs, by television by any means, on or via the Internet, including, without limitation, the World Wide Web, and any other two-way transmission control protocol / internet protocol (TCP/IP) based distribution network or similar networks or technologies now known or hereafter to become known, including, but not limited to, delivery via such a network to personal computers, hand-held devices, and television set-top boxes through telephone or cable lines, or wirelessly through broadband, satellite, cellular or terrestrial broadcast networks and other similar networks or technologies whether now existing or hereafter developed. You obtain no rights in any form, media, or technology incorporating the Materials.

Again, pretty standard stuff. This the punchline to the Terms. The setup makes sure that you swear on the Bible that the stuff you upload is yours and that you have a right to upload it.

So, to translate: Are you sure it’s yours? Yes? Okay, then. Now it’s ours! Thanks and have a good day! If you’ll pardon us, we must make your material “available on Sprint, VCAST, Cingular, MobiTV, Altel and U.S. wireless” and distribute it “in the United Kingdom, Denmark, Sweden, Canada, Mexico, South America, South Africa, the Philippines, Eastern Europe and Singapore.”