Klout is a site that tracks social media influencers so that advertisers can give free perks to get the word out about their products. I’m big in Japan, so I get perks from time to time. In inviting me to this weekend’s perk (an Acura test drive), Klout and Acura sent me an email. Here’s one part:
5. Respect Intellectual Property Rights
Intellectual Property is the group of legal rights to things people create or invent. Intellectual property rights typically include copyright, trademark, and trade secret rights, as well as the right to use someone’s name, likeness or voice. Examples are photographs, video, music, trademarks/logos, personal names/likenesses, writings, etc.
Only use Acura intellectual property with express permission, and do not alter or modify any Acura intellectual property. Only use third-party owned intellectual property with express permission or when such use is otherwise permitted under the law (such as a “fair use”). Note, a determination that a use is a “fair use” is a legal judgment and should likely only be made after consultation with Acura’s legal team, or your own legal counsel, as appropriate.
Sure, makes sense, I can dig that. A few lines later (emphasis mine):
10. We Reserve the Right to Use the Blog Content You Create
By Blogging at the direct request of Acura, or by accepting any incentive from Acura to blog, you
agree to grant Acura and its agents an unlimited, worldwide, perpetual, license and right to publish, use,
publicly perform, copy, edit, modify, broadcast and display such Blog content, in whole or in part, in any
way, in any and all media, without limitation or restriction. You further waive any right of approval or
review of any use by Acura or its agents of the Blog content.
Awesome. So Acura and Klout want you to respect their rights, but they don’t want to respect yours. They specifically say they can edit and modify your work, so if you say the Acura ILX sucks, they can quote you as saying it rocks. I think I’ll pass.