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The resident who provided the previous content, if any, has replaced it with this generic statement.

Qwalyphi Korpov
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Innula Zenovka

Innula Zenovka

Posted
Posted

Qwalyphi Korpov wrote:

Innula Zenovka wrote:

To my mind, 
When selecting a name, do not choose one that violates a celebrity's right in their name, a trademarked brand name, or intellectual property right
constitutes advice rather than a rule.

LL, as we know, don't try to act as judge and jury in matters of Intellectual Property; they respond to complaints from the holder, or purported holder, of the IP in question.   If the estate of the late Michael Jackson wishes, they can doubtless ask LL to stop people using Michael Jackson as a display name, and if anyone wants to dispute it -- perhaps one of the 10,000-and-odd
in the US (or the unquanitified number in the rest of the world) who may be residents of SL --  then the parties disputing the right to use the name can ask the appropriate courts to sort it out, as they would do with any other IP complaint.

But I don't see how LL can possibly be expected to keep track of every name that might be subject to "a celebrity's right in their name," as opposed to the names of particular celebrities who have been in touch with LL to enforce this right.

 

Agree.  It's something for them to run away from if they can.  Although - if a corporation was rolling in excess cash they could employee a bunch of people to chase this issue around.

That corporation, to my mind, would be wasting its shareholders' money.

It's one thing the estate of the late Michael Jackson, or the agents of -- for example -- Panos Kiamos or Angelika Varum (since I assume this right to your name doesn't just apply to American celebrities), to contact LL and tell them they want such-and-such a name protecting, or to contact LL to complain that someone is going around SL calling herself Angelika Varum.   

But it's quite another, and completely unnecessary, for LL to try to compile lists of names that might conceivably be ones that belong to some celebrity somewhere in the world and to ban their use as display names on the off-chance that objections might be raised to someone else's using it. 

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Perrie Juran

Perrie Juran

Posted
Posted

Qwalyphi Korpov wrote:

Which all makes me wonder why in the Lindens originally prohibited the use of celebrity names.  During the early beta days of Display Names one of my alts was Kleenex Tissues.  The thrill of being a widely known trademark was less than expected.

Now I'm wondering id there is a Kotex Napkin's on the grid..................

ewwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww

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Storm Clarence

Storm Clarence

Posted
Posted

Qwalyphi Korpov wrote:

Perrie Juran wrote:

Qwalyphi Korpov wrote:

Which all makes me wonder why in the Lindens originally prohibited the use of celebrity names.  During the early beta days of Display Names one of my alts was Kleenex Tissues.  The thrill of being a widely known trademark was less than expected.

Now I'm wondering id there is a Kotex Napkin's on the grid..................

ewwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww

Perrie - thank you for helping make this thread a more absorbing topic.

I really want to add another :| but I will refrain this time.  Two in one thread, oh my.  

 

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Dilbert Dilweg

Dilbert Dilweg

Posted
Posted

Taken from LL Official Ip Page http://wiki.secondlife.com/wiki/Linden_Lab_Official:Intellectual_Property

 

 

celebrities have a "right of publicity", which means that they have a right to control commercial uses of their name, image, likeness, and other aspects of their identity. Although you may be a fan, you risk infringing celebrity rights if you use a celebrity name or likeness in connection with in-world objects you trade, and you don't have the celebrity's permission. If you are a trademark owner or a celebrity and you believe your rights have been infringed in Second Life, please submit a notification of infringement in writing to: Address bla bla bla

 http://rightofpublicity.com/

 

 

Sounds to me they wont remove any of them that use celebrity names unless asked by the Ip right holder... Several People have the exact same names in Real life. So one could argue it pretty heavily unless they are clearly posing as that celebrity. Facebook and other sites like Twitter allow Celebrities to provide proof of Identity, and show a badge saying they are officially approved, to help keep confusion of copied or exact names down to a minimal problem. Sl could do the same I would imagine

 

Like Dwight from The TV Show "The Office" He is in Sl as Dwight Shelford... No way to prove it is him unless there wasn't several news stories about it LOL

 

Also there is a significant amount of fair use laws that are applied . Like for Elvis for instance. Fair use laws protects a person using Elvis and shows to do a parody. So if a resident in Sl has taken up the name Elvis and does impersonations in world. Then it should be fine under the fair use laws.

 

Defining Fair Use

It is an American tradition to poke fun at, criticize and imitate cultural and political icons. However, that tradition could get you sued. There is a defense in copyright cases called "fair use." Section 107 The Copyright Act of 1976 outlines what a court has to consider when determining if something is fair use:

1) Purpose and character of the work

2) Nature of the work

3) Amount and substantially of the portion used in new work

4) Effect of the use upon the potential market for or value of the copyrighted work

What this means is courts go through four steps, the first of which is to look at whether the creator of the new work did it as social commentary or financial gain. Next, they look at whether it is parody, satire, criticism and if that purpose is obvious in the content. A judge will also consider how much of the original work is included, and whether the will hurt the present or future sales of the old work.

 

I think Weird Al Yankavich has been sued many times for his parodies, I think he gets away with it because of fair use laws

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JeanneAnne

JeanneAnne

Posted
Posted

Qwalyphi Korpov wrote:

JeanneAnne wrote:

>>I think Weird Al Yankavich has been sued many times for his parodies, I think he gets away with it because of fair use laws<<

Are you kidding?!?! You're
NO
body
til Weird Al parodies you ..

Jeanne

Aw... now i'm NObody.  /me is sad.

(hello Weird Al... sad chipmunk here.. u can helps)

"I'm Nobody! Who are you?

Are you – Nobody – too?

Then there's a pair of us!

Don't tell! they'd advertise – you know!

 

How dreary – to be – Somebody!

How public – like a Frog – 

To tell one's name – the livelong June – 

To an admiring Bog!"

 

ED, #260

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Perrie Juran

Perrie Juran

Posted
Posted

 

Qwalyphi Korpov wrote:

JeanneAnne wrote:

>>I think Weird Al Yankavich has been sued many times for his parodies, I think he gets away with it because of fair use laws<<

Are you kidding?!?! You're
NO
body
til Weird Al parodies you ..

Jeanne

Aw... now i'm NObody.  /me is sad.

(hello Weird Al... sad chipmunk here.. u can helps)



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emmettcullen93

emmettcullen93

Posted
Posted

Perrie Juran wrote:

 
Qwalyphi Korpov wrote:

JeanneAnne wrote:

>>I think Weird Al Yankavich has been sued many times for his parodies, I think he gets away with it because of fair use laws<<

Are you kidding?!?! You're
NO
body
til Weird Al parodies you ..

Jeanne

Aw... now i'm NObody.  /me is sad.

(hello Weird Al... sad chipmunk here.. u can helps)

 

 

 

 

rofl

 

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