My apologies for the long time since my last post! It’s been a pretty busy few months full of deadlines and projects.

Anyway, picking up where I left off, I wanted to talk about the latest trend where some companies are requiring users of their software to grant them ownership of the intellectual property created while using their software. Basically the language in their terms of service agreements says that if you install their software onto your computer hard drive, or download their app to your smartphone, you will be granting them the right to use whatever you have created or performed after the installation, in whatever way they wish to use it, and you would have no recourse in stopping them because you agreed by proceeding with the installation with knowledge of their intent.

I know it is cumbersome and even seemingly overwhelming when you see all the written material associated with the terms of service, but trust me you want to take the time to read the language before you go any further in the process. If you do not read the language to make sure you are in agreement with what limitations you are imposing upon yourself, or what rights you are giving away in regards to your intellectual property, you can not claim lack of knowledge, ignorance, or lack of consent if you find out your material was used in some manner that you do not agree with down the road. Or at least you would need an incredibly novel argument to get around it.

The main reason many of these companies are implementing this new language into their agreements is they want to help train the artificial intelligence data to cue to their products in searches. They do this by using intellectual property to manipulate the algorithm of the searches so that searches produce accurate results. However, it raises a multitude of copyright and trademark infringement issues. By putting this language in the terms of use, it alleviates, or at the very least minimizes, these claims.

For purposes of being a creative who is using any program to create a manuscript, design, or even just a memo or letter, read the terms of service or use from your last update for whatever program you are using now if you did not read it before, and make sure you read the terms if you need to update now.