Creative Commons protections in question?

I contribute musical compositions to an internet site that
requires 
agreeing to, among other Terms and Conditions, the
following:

"MATERIALS POSTED BY VISITORS

BY POSTING, SUBMITTING, LINKING, UPLOADING OR OTHERWISE
SENDING ANY 
MATERIALS INCLUDING BUT NOT LIMITED TO IMAGES, AUDIO FILES,
VIDEO FILES, 
TEXT FILES, AND ALL WORKS OF AUTHORSHIP
("CONTRIBUTIONS") TO US OR TO 
THE ****** WEB SITE, YOU WARRANT THAT YOU OWN ALL NECESSARY
RIGHTS (OR 
WARRANT THAT THE OWNER OF SUCH RIGHTS HAS EXPRESSLY GRANTED
SUCH RIGHTS 
TO YOU OR TO ******) TO POST, SUBMIT, LINK, UPLOAD, OR
OTHERWISE SEND 
ANY SUCH MATERIAL AND YOU ALSO GRANT TO ****** AND ITS
AFFILIATES A 
WORLDWIDE, PERPETUAL, IRREVOCABLE, ROYALTY-FREE,
NON-EXCLUSIVE LICENSE 
TO USE, COPY, PUBLISH, DISPLAY, PERFORM, AND DISTRIBUTE SUCH

CONTRIBUTION ON THE ****** WEBSITE OR ANY MUSIC RELATED
WEBSITE OWNED BY 
****** OR ITS PARENT OR AFFILIATED COMPANIES."

After agreeing to this and subsequently uploading a song, a
set of 
Creative Commons licenses is presented in a pick list of
options for 
Creative Commons licensing (attribution, commercial use and
so on)

My question is:

"Do the Creative Commons licenses actually protect my
work after having 
agreed to the Terms and Conditions clause above?"

Thank you.

S. Kemp

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s kemp wrote:
> I contribute musical compositions to an internet site
that requires 
> agreeing to, among other Terms and Conditions, the
following:
> 
> "MATERIALS POSTED BY VISITORS
> 
> BY POSTING, SUBMITTING, LINKING, UPLOADING OR OTHERWISE
SENDING ANY 
> MATERIALS INCLUDING BUT NOT LIMITED TO IMAGES, AUDIO
FILES, VIDEO FILES, 
> TEXT FILES, AND ALL WORKS OF AUTHORSHIP
("CONTRIBUTIONS") TO US OR TO 
> THE ****** WEB SITE, YOU WARRANT THAT YOU OWN ALL
NECESSARY RIGHTS (OR 
> WARRANT THAT THE OWNER OF SUCH RIGHTS HAS EXPRESSLY
GRANTED SUCH RIGHTS 
> TO YOU OR TO ******) TO POST, SUBMIT, LINK, UPLOAD, OR
OTHERWISE SEND 
> ANY SUCH MATERIAL AND YOU ALSO GRANT TO ****** AND ITS
AFFILIATES A 
> WORLDWIDE, PERPETUAL, IRREVOCABLE, ROYALTY-FREE,
NON-EXCLUSIVE LICENSE 
> TO USE, COPY, PUBLISH, DISPLAY, PERFORM, AND DISTRIBUTE
SUCH 
> CONTRIBUTION ON THE ****** WEBSITE OR ANY MUSIC RELATED
WEBSITE OWNED BY 
> ****** OR ITS PARENT OR AFFILIATED COMPANIES."
> 
> After agreeing to this and subsequently uploading a
song, a set of 
> Creative Commons licenses is presented in a pick list
of options for 
> Creative Commons licensing (attribution, commercial use
and so on)
> 
> My question is:
> 
> "Do the Creative Commons licenses actually protect
my work after having 
> agreed to the Terms and Conditions clause above?"

I am not a lawyer and this is not legal advice, but, IMHO,
you are
granting the license above to the owner of the website and
its "parent
or affiliated companies". Visitors to the site who
receive your work
however, will be using it subject to the CC license terms
you picked.

Note in particular that you *must* grant a stronger license
to the site
holder in most cases of "non-commercial"
licensing, because the site
holder cannot host your material according to the NC terms
(they are a
company, the site is commercial, etc).

The fact that CC licenses do not all grant sufficient rights
to permit
internet web hosting of your material by commercial hosting
companies,
especially if they are advertising-supported makes an
explicit second
license for the site owner a "best practice"
(necessary to eliminate
legal risks for the hosting company).

Cheers,
Terry

-- 
Terry Hancock (hancockAnansiSpaceworks.com)
Anansi Spaceworks http://www.AnansiSpac
eworks.com

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