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Helper
Knowl Paine
Posts: 3,560

Product Placement (fair use)

What is the Policy when Staging a home, product, or item for a photo shoot for a Market Place listing?

When staging a Home for a photo shoot, can items (furnishings) purchased in SL be used to decorate the home and be included in the photo that will be displayed at MP? Is Permission from the original creator required?

Do all the items being used as Props need to be full permissions?

 

 

Honored Member
Ciaran Laval
Posts: 4,101

Re: Product Placement (fair use)

Reply to Knowl Paine - view message

Good question ... I have no idea but I would imagine attributing the creators would be welcomed by them.

Posts: 1,939
Topics: 29
Registered: ‎02-25-2009

Re: Product Placement (fair use)

Reply to Ciaran Laval - view message

Paging Pamela :smileywink:

*~*Argus-eyed = on the lookout for danger*~* SLMarketplace Link
Porky Gorky
Posts: 1,692
Registered: ‎02-26-2009

Re: Product Placement (fair use)

[ Edited ]

Reply to Argus Collingwood - view message

I don't know what the policy is but from someone who has sold allot of prefabs and built over 100 custom sims, my work has appeared in allot of places without my consent. From other players sales advertising, to in-world publications, to machinima, to an episode of The Office on NBC to Linden Labs advertising for SL. Regarding LL I thought I might be able to get some free tier out of them so I contacted them in 2009 and asked them to remove the offending image from their website or to compensate me fairly  for my contribution. Their answer was basically All Your Base Are Belong To Us.

 

Regarding anyone else using my content to help advertise their own....I don't mind at all. It's all free advertising for me and extra bonus if they make the effort to cedit me for it.

Helper
Knowl Paine
Posts: 3,560

Re: Product Placement (fair use)

Reply to Porky Gorky - view message

Interesting what time will tell, I know a Residents who has that phrase All Your Base Are Belong To Us (something like that) in one of the groups he founded. Learn something everyday. ty

 

I will look for your store and see what I could use. Creating a professional setting is a lot of work. I would list the names or stores of the Creators for any items included in the photo.

 

Posts: 1,655
Registered: ‎04-16-2009

Re: Product Placement (fair use)

[ Edited ]

Reply to Knowl Paine - view message

There are two articles on TOS about this:

 

7.3 You grant certain Content licenses to users of Second Life by submitting your Content to publicly accessible areas of the Service.

You agree that by uploading, publishing, or submitting any Content to any publicly accessible areas of the Service, you hereby grant each user of Second Life a non-exclusive license to access the User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display, and perform the Content In-World or otherwise on the Service solely as permitted by you through your interactions with the Service under these Terms of Service. This license is referred to as the "User Content License," and the Content being licensed is referred to as "User Content."

"Publicly accessible" areas of the Service are those areas that are accessible to other users of Second Life. If you do not wish to grant users of Second Life a User Content License, you agree that it is your obligation to avoid displaying or making available your Content to other users. For example, you may use Virtual Land tools to limit or restrict other users' access to your Virtual Land and thus the Content on your Virtual Land.

"Your interactions with the Service" may include use of the Second Life permissions system and the copy, modify, and transfer settings for indicating how other users may use, reproduce, distribute, prepare derivative works of, display, or perform your Content In-World subject to these Terms of Service. Any agreement you make with other users relating to use or access to your Content must be consistent with these Terms of Service, and no such agreement can abrogate, nullify, void or modify these Terms of Service.

You acknowledge that when you receive a User Content License you receive only licensing and use rights: You therefore do not acquire ownership of any copies of the Content, or transfer of any copyright or other Intellectual Property Rights in the Content. You acknowledge that with respect to the use of the words "Buy" and "Sell" as used in this Agreement and throughout the Service in the context of User Content: (a) the term "Sell" means "to grant a User Content License in exchange for Linden dollars or other consideration in accordance with the Terms of Service," (b) the term "Buy" or "Purchase" means "to receive a User Content License in exchange for Linden dollars or other consideration in accordance with the Terms of Service," and (c) the terms "Buyer," "Seller," "Sale" and "Purchaser" and similar terms have corresponding meanings to their root terms. This includes User Content that may be Bought or Sold on the Second Life Marketplace web site.

7.4 You also grant Linden Lab and other users of Second Life a license to use in snapshots and machinima your Content that is displayed In-World in publicly accessible areas of the Service.

You agree that by uploading, publishing, or submitting any Content to or through the Servers for display In-World in any publicly accessible area of the Service, you hereby grant each user of Second Life and Linden Lab a non-exclusive, worldwide, royalty-free, sublicenseable and transferable license to photograph, capture an image of, film, and record a video of the Content, and to use, reproduce, distribute, prepare derivative works of, display, and perform the resulting photograph, image, film, or video in any current or future media as provided in and subject to the restrictions and requirements of our Snapshot and Machinima Policy. The foregoing license is referred to as the "Snapshot and Machinima Content License."

If you do not wish to grant users of Second Life a Snapshot and Machinima Content License, you agree that it is your obligation to avoid displaying or making available your Content to other users. For example, you may use Virtual Land tools to limit or restrict other users' access to your Virtual Land and thus the Content on your Virtual Land.

So basicly yes: you can use works of other creators as props for your productpic. They don't need to be full perms.

You already have the permission from the original creator, because the creator had to agree on the TOS to be able to upload things to SL.

But for your customer it must be clear what is and what isn't included in the product. So somehow in productdescription you must tell them what it is exactly that they are buying.

 


Honored Member
Ciaran Laval
Posts: 4,101

Re: Product Placement (fair use)

Reply to Knowl Paine - view message

Porky's creations are everywhere, I've had tenants put out his buildings .... I berated them but they loved his builds!

Helper
Knowl Paine
Posts: 3,560

Re: Product Placement (fair use)

Reply to Madeliefste Oh - view message

Very very nice!

I also read the Snaphot and Machinima Policy , seems to confirm.

ty

Member
Nefertiti Nefarious
Posts: 730

Re: Product Placement (fair use)

Reply to Knowl Paine - view message

In short ... you can use whatever you want in your ads. When was the last time you got permission from Sears to take a photo of your house that included their appliances? Or from Old Navy because you wanted to wear their sweater in a portrait? But make sure you let the buyer know that furniture is not included.
Buy my stuff! https://marketplace.secondlife.com/stores/9529
Honored Resident
Haldir Meskin
Posts: 90

Re: Product Placement (fair use)

Reply to Knowl Paine - view message

It just blows my mind that somebody would think they would be entitled to some compensation for their works appearing for whatever reason in an advertisement or whatever for another product. Seems very non-business minded to me, like, that's FREE advertising guys. Some of it advertising so good you could NEVER buy it, and yet you moan that you weren't PAID for it?!? Say what? I can think of one avatar maker that got in a snit because some of his work was actually seen on tv (not gonna name names as I don't care to send business to him due to other past questionable/hypocritical behavior).. wow.. I wonder who all would have paid megabucks to be put in that position? Crazy world it is. Some people think so backwards it's ridiculous.