Potential new tool for selling PDF's (or anything) quickly

[weem]

I ran across this site today and thought it had interesting potential for those who want to quickly sell a PDF of their own creation.

It's called...

tinypay.me

Essentially, you don't need an account. You simply input some quick information (title, description, upload a PDF if its a file you are selling) including your paypal email address (payment is handled via paypal only) and that's it.

I quickly uploaded a PDF of my character sheet and priced it at $45.00 to test it out. You can see that page (obviously, do not buy it) and get a feel for what a listing looks like here...

My PDF | tinypay.me

It's integrated with Facebook and Twitter, but also lets you grab an embed code so you could put the listing on a website or blog, etc.

This is their intro video....

[ame=http://www.youtube.com/watch?v=QzbfSoBONdA]YouTube - Tinypay.me - http://tinypay.me/[/ame]

Anyway, I have barely played with it, and am not claiming this to be the next greatest thing or anything like that. I just thought I would share it for anyone who might be interested in checking it out

A couple quick things I have noted...

1) How do they make money? They get 5% of whatever you make (pretty standard)

2) When selling a PDF (or file) the buyer is given a link to the file after paying (I have a question in to them for more specifics surrounding this link - will update when I know more).

 

[MatthewJHanson]

Is there somebody fluent in legalese who could translate this:

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

 

[Nadaka]

Is there somebody fluent in legalese who could translate this:

That means that they own it in every way, forever, just as much as you do.

It means they can sell it as long as they want, and they don't have to pay you a dime. It means they can take your stuff and run with it, modify it, file off the serial number and sell it without giving you any credit or compensation at all.

It could make it harder to defend trademarks in the future because they are diluting your ownership.

I have no idea what publicity and database rights are.

 

[Henry]

I appreciate the link, Weem, but AAH! DO NOT WANT. Not being a lawyer and all, but Nadaka sounds like he has the main gist of it.

 

[jbear]

Correct me if I am wrong but doesn't a contract, in order to be binding, require a signature from both parties involved?

How binding is a 'click on terms accept button via internet' in a court of law?

 

[Nadaka]

Click through EULA's are mostly untested. There have been a few cases, but they can go either way depending on the specific terms used.

BTW: I am not a lawyer, but as a software developer, artist and writer; copyright law interests me a lot. I would consider myself casually informed, but not an expert.

 

[cdrcjsn]

Paypal itself already has a feature where you can have a pay or donate button you create link to a specific site after the transaction, or email the customer directly.

You can just create a part of your website (under password or not) with the PDF and/or email the client the PDF/password.

A google search finds: How to Sell My PDF Files for Downloading | eHow.com

You don't really need a third party other than paypal to sell PDFs through your website.

 

[Morrus]

Correct me if I am wrong but doesn't a contract, in order to be binding, require a signature from both parties involved?

No; the signature is merely evidence that the agreement has been entered into should one party try to dispute it.

 

[Steel_Wind]

Originally Posted by tinypay terms

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

Is there somebody fluent in legalese who could translate this:

I would point out that the preconditon and operative part of this is "when you give us content". That in itself refers to the GIVING of a thing.

Posting a thing for sale, for consideration, is the opposite of "giving".

In short, I do not see how posting something for sale though this website gives it to them. That would not be my preferred or necessary interpretation of those terms, and yes, IAAL.

In my view, the "content" that you are "giving" to Tinpay.me is not the article for sale, but the ad itself and any pictures describing that article for sale.

People use the webstie to sells cars and boats. There would be no suggestion that those articles would be "content" that you would be "giving" to tinypay.me. A url location to a .pdf to allow people to pay you for it is not much different.

 

[Steel_Wind]

No; the signature is merely evidence that the agreement has been entered into should one party try to dispute it.

Correct. For a contract to be formed under the common law, you need an offer, acceptance and consideration moving from one party to another.

A deal on just a handshake is a binding contract. They are made every day -- several of them during the time you took to read this post. They are enforced -- every day -- by our courts.

Evidence in writing is simply that: evidence in writing. Viva voce evidence (oral evidence in court) if accepted by a court is equally as binding. But is DOES throw matters as to what would be otherwise clear(er) if reduced to writing into doubt, and above all, increases expense and uncertainty in litigation. Often -- people don't like that. Almost just as often, they do it anyways.

There is no legal requirement that an enforceable agreement be reduced to writing: exception, by way of example, in many jurisidctions there IS a requirement that a contract in relation to land be in writing, but this is a specific exception created by the Statute of Frauds or similar legislation in your jurisdiction.

When in doubt, consult a lawyer authorized to practice law in the jurisdiction where you reside.