3D copyright FAQ

[GothGirl Demonia]

http://www.copyright.gov/help/faq/faq-general.html

I think the Rules OF The Internet apply to Copyright.

While I am generally for the protection of content in SL, and Artwork, I disagree with some of the CopyRight Laws, and I bet that 99.9% of Americans have actually broken a copyright law myself included, while it might not be anything serious like Reuploading, CopyBot, or such Copying, or even Recording Music without consent, even sharing a program with your friend or using it on a Second Computer without a license is considered illegal, but these are things where I generally say Rules OF The Internet, and generally I just don't care.

I believe that work should be registered in a Public Database or something of all CopyRighted content by name, and be able to be looked up by anyone instead of an automatic copyright law simply because of things like the first person to create a Archery Bow, or a Sofa, and then another person comes along hey I am going to create a Sofa, and steals ideas to make their own but still its really impossible to lay full copyright claims to anything unless its something very unique never created before although I find that rare because in every game today its Elves, DarkElves, DWARF's, or ORGES nothing new really in fact I wonder who holds the copyright to these races created in online gaming.

* Another problem is no one really knows who has a license to use someone elses content unless they ask the company, or person who created it, this can create rumors by some people yelling OMG Copyright violation when it may not be although a lot of times I am seeing Mesh sold that I believe people do not have permission to use while I generally wouldn't care if they were using it without consent and not making any profit that won't prevent the game company from filing a DMCA, but how do others verify if the person really has consent to be using such is the real question.*

It is not like I support piracy in SL because I hate what I have seen griefers do with other peoples content, and I do encourage people who have been stolen from in SL to file a DMCA, and even those who own their work RL that is being used without permission to DMCA it as well if it really upsets them too much as a warning to the person doing it and removal should be enough to let them know its not wanted.

Although the reason I say there is because it is the Internets, the free flow of information.

Some Thoughts.

I find Movies,Music & Games  to be the most pirated on the internets but then is there really a such thing as piracy when you own a old game from 1998, and you simply can't find a disk anymore so you decide to torrent it, or you go to a concert, or radio and record music without permission or anyone knowing, or movies at a theator. Fact is I believe that like 99.9% of americans break some type of copyright laws most likely Teens.

It is kinda like recording convosations, or Taking Snapshots without consent wehre it be a computer software program, or game such as SL, or in Real Life, although once it is on the internet at least 1 person downloads it and its forever on the internets. In fact something funny I realise I wonder if I can Copyright my Tree so no one can take a picture of it because its unique, or Copyright my own picture or my Dogs picture, or even my house something kinda funny I don't see talked about often, I bet these would be slapped off as Fair Use at least on some of it. * In fact if you go to YouTube and search for* GameStop Prank Call, or WalMart Prank Call, you will see there is like so many posted without consent of all parties.

[Braydon Randt]

ok...

Theres been a lot of various conversations running around the SL Universe over the last few days over things like copywrite etc. So I thought i would get dirty and put my feet into the pond and add to the various posts on here.

Most of this information is based on what is stated at BitLaw ( limited permission was sought and given by Daniel A Tysver however nothing verbatum has been stated and would suggest reading his website given for the full explanation) and Wikipedia (Use of which has been granted under the open use stature of Wikipedia)

Ok , Firstly....

the basics

"Copyright are exclusive rights granted to the author or creator of an original work, including the right to copy, distribute and adapt the work. Copyright does not protect ideas, only their expression or fixation. In most jurisdictions copyright arises upon fixation and does not need to be registered. Copyright owners have the exclusive statutory right to exercise control over copying and other exploitation of the works for a specific period of time, after which the work is said to enter the public domain. Uses which are covered under limitations and exceptions to copyright, such as fair use, do not require permission from the copyright owner. All other uses require permission and copyright owners can license or permanently transfer or assign their exclusive rights to others." - http://en.wikipedia.org/wiki/History_of_copyright_law

Some works however are not covered by general copywrite law these are called " unfixed "
These are works that have not been fixed in a tangable form of expression, these are items such as speeches etc that havnt been recorded in any form, this has in the US at least been addressed under the 1994 act of congress when it passed The Uruguay Round Agreements Act ( such as bootlegs)

Titles, Names, slogans and shortphrases are also not under copywrite law, however trademarks are, Ideas and proceedures are also not covered under copywrite, however the written proof of such an idea would or could be covered under copywrite as in such a case that idea goes under fixation ( because its recorded).

One of the most usefull and I suppose applicable situations that apply to the second life metaverse, is the term " Usefull articales" so for example.... if you made a pair of training shoes or sneekers , thats actually ok , but the second you throw a swoosh on it , or call it a trade mark or a name that can be misconstrude as the original such as " noke " or " neke" then you are really falling into the trademark law, so essentially .. in Second Life... you can make items that are of a utilitarian nature as long as they do not mis represent the original trademark or business. So if you make furniture or clothes .... you are 100% legal ( as long as you dont use trademarks or methods of identification recognised as such i.e the Adidas tristripe)

General Information is from http://www.bitlaw.com/index.html and i was offer to anybody that if you require a full explanation from a legal source to visit this site, Allthough nothing verbatum was quoted I would like to say Thankyou to Daniel for his consideration of my request.

One of the areas to which I can only give an opinion rather rather than source information is things that are inspired, For example ... there has been comments on things like game rips on other parts of the forum, This in my experience is a difficult area,
I think the best examples of which are things for example ... Skyrim, obviously is licesend to Bethesda however, as the general US copywrite applies to something like "70 years after the death of the creator" it is slightly ropey because both furniture and clothing is not copy protected, and as skyrim is based on a medieval structure that would leave the creation of items from Behtesda also infringing any copyrite because those items such as a table .. or a chair .. or an item of clothing are under "usefull articals" now if you claim that the item is from skyrim, you are walking a fine line, if you interperate something in your own ... possibly not ... ripping models directly out of a game .. is DEFINATELY a no no, as even though Bethesda so give you some licence as they have various Mod Packs and edit packs to do variations on the textures etc and as such these packs are openly available they do not alow .... and thats most definate DO NOT allow monitization of those mod packs.

A well know example of monitizing folk law could easily be given .. with Disney essentially talking old stories of folk law such as grimms fairy tails etc and making films based on them. an example is "arabian nights" was written , and used as " alladin" yet again these stories are " fixed" yet they have passed into common use as they most definately are over the "70 years" statute of limitations.

So ... please bare in mind when you make an item for the virtual world, dont use trade marks , dont quote from fixed works without permission this includes other websites, try to be as courteous as possible and most of all .... respect other creators, if they have gone through due process , pay them the respect of doing the same.:matte-motes-big-grin:

 

Bray

p.s Dont fall foul ....  find out before hand ,  seek the correct information and remember ,  we are creators ....  we form this world with our own hands,  if it ends up a dirty place where there is no room for movementt,  then it is nolonger the metaverse ..  and just a money grabbing state of immediate value,  distrust,  slander, liable and poo slinging. then who can we blame but ourselves.

[ROB34466IIIa]

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Braydon Randt wrote:

ok...

Bray

p.s Dont fall foul ....  if it ends up a dirty place where there is no room for movementt,  then it is nolonger the metaverse ..  and just a money grabbing state of immediate value,  distrust,  slander, liable and poo slinging. then who can we blame but ourselves.

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/me stares back at you.

Please excuse them, while we bang on things .... :robotindifferent:

[Vick Forcella]

An interesting read to add.

https://wiki.secondlife.com/wiki/Linden_Lab_Official:Snapshot_and_machinima_policy

[JoJo Aurelia]

I'm a published author.

I had an entire book stolen, and sold digitally about 10 years ago, and I have still not been able to get the book taken down from sites like Amazon. I also had a large volume of work taken from one of my blogs and published on another site. Even with a demand letter to remove the content, it remains there... So... Even with these laws, it's impossible without lawyers (and even then), to get justice!

With large data banks of mesh out there, no one is going to control it. I've seen buildings in SL that I would pretty much bet were lifted out of Google's mesh bank. 

[EstrellitaBoosalis]

Turbosquid's controlling publishing instructions are pointless.. they judge artists on irrelevant things like naming, but don't even know or care about the quality of the art!

[Alwin Alcott]

irrelevant?....you know what's irrelevant? ...comment on a 3 yr old thread....

[Freya Mokusei]

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Alwin Alcott wrote:

you know what's irrelevant? ...comment on a 3 yr old thread....

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Check and contrast with surprisingly similar post by another day-old - ElwoodErikson - not long ago, here in another thread about Turbosquid.

They're probably more interested in Google-bombing than checking timestamps.

E.T.A.: Also this and this.