WE'VE ALL DONE IT: scrolled fervently through the seemingly endless paragraphs of legal copy in order to activate the "Accept" hyperlink and move on with our lives. We regularly sign away rights to our favorite networking sites without ever really knowing what we're getting into. If your band's songs are on Facebook, performances are on YouTube or demos on MySpace, here's what you need to know about posting (and protecting) original content online. Essentially, when you click the "Accept" button, you have agreed to provide the site with a license of your song. In other words, you've granted the site a limited right to use your work. On Facebook, MySpace and YouTube, the licenses are non-exclusive (meaning, unsurprisingly, that you're free to license your songs to other companies as well). Each site has specific terms regarding its license. The following is a breakdown of their current terms:

Facebook: Facebook's "My Band" is run by Reverbnation.com (a popular sharing site in its own right). The terms specifically state that neither ReverbNation nor Facebook's users have any rights to sell or commercialize your music. At the time of registration, you're given two choices regarding how much to "give away." Option 1 allows users only to listen to the song on the Internet. Option 2, however, allows users to download and store your songs and, effectively, acquire the same rights as they would by purchasing the music. At the DIY level, this choice carries with it the balance of exposure vs. turning a profit. Also new to Facebook's terms: when you remove songs from the site, you automatically terminate the license (this wasn't always the case).

MySpace: MySpace doesn't claim ownership to material posted online. By accepting their terms, you grant a limited license to MySpace to use your work in connection with MySpace and their related services. This "use" includes the right to modify your work, perform it publicly, and reproduce the work. The license does not allow MySpace to sell or distribute your music outside of MySpace services. Same as with Facebook, after you remove songs from MySpace, the license is terminated.

YouTube: When you post on YouTube, your grant the company a "worldwide, non-exclusive, royalty-free, sublicensable" license to use, distribute, and create new works from your songs in "any media formats and through any media channels." You'll note this last term mentioned a sublicense. In general terms, a sublicense allows the company to license your work to its affiliate companies. Although MySpace is owned by News Corp, YouTube is owned by Google, and Microsoft has an ownership stake in Facebook, these sublicenses generally only apply to directly related companies (such as Internet content delivery networks and wireless carriers). Also note that YouTube retains the right to create new works from your work. For the most part, this term allows the company to alter your work for videos thumbnails, in-site promos, flipbooks, etc.

Nearly every site has a term regarding copyright infringement. By accepting the terms, you're essentially promising that none of the content you submit will violate or infringe the rights of another party. On top of this guarantee, there are two Federal Statutes that protect Internet companies from you, the user. (1) The Digital Millennium Copyright Act immunizes liability for copyright infringement from companies that let bands post music online if there is a procedure that allows the copyright owner to request the removal of infringing material; and (2) the Communications Decency Act shields the company from liability arising out of unauthorized publication on their site. (For tips to avoid copyright infringement, see Performer's May 2010 article "Borrowing from Legends"). In light of the information above, it may seem like you're giving too much away to the company. However, keep in mind all the benefit that you receive in return, namely immediate publication and unobstructed worldwide access. Best of all: you retain the rights to sell, take down, or switch up your site content at your sole discretion.

Adam Barnosky is a practicing attorney based in Boston specializing in entertainment law, business development and civil litigation. In addition to his law practice, he consults emerging bands on a variety of legal and business matters. Find him at www.AdamBarnosky.com