if you mod a free house to the point where it looks nothing like the freebie house can you sell it?

[jayson Warcliffe]

hello :) i would like some answers and well the subject pritty much says it all:

if i got a box of freebies with a house inside it then i took that house out and did some major modifycations on it and then by the time i finished it, it looks nothing like the house i started of with would i be able to sell it for my own use or would it be agenst the TOS

[Rolig Loon]

That's one of the classic questions in intellectual property law.  If nothing else, you ought to review Linden Lab's Intellectual Property Policy and the links that are featured in it.  Those will give you a feel for the complexity of the topic.  Two common sense principles are possibly the best guide in answering the question: (1) Is a disinterested person likely to mistake your modified version for the work of the original creator?  (2) Is your own contribution to the modified version substantial enough for the work to be recognized as new material?  You can't draw sharp lines and answer either question easily all the time, but one way to approach it is to say that if you have doubts, it's probably not modified enough yet.  If nothing else, that's a safe answer.

Of course, another completely different approach is to forget modifying someone else's work.  You can use it for inspiration, or to give you clues about how to solve structural problems, but why not make your own house?  For all the work that's involved, you might as well get the satisfaction of creating the whole thing.

[emmettcullen93]

did you get permission to modify it? (rhetorical question the answer is obviously yes)

did you get permission to transfer it? (ask yourself this question if yes then the answer to your question is yes)

if you have the permissions inworld then you can do it.   

                                          -edited below this point-

 

  make sure that it looks nothing like the prim you were modifying.

as that is the creators prim. now you may ask the creator to use his prim modified as your own. but make sure you obey his terms. if he says you can resell his prim no matter how it looks. i would still suggest modifing it to your creation to avoid any arguements.

 

you can even view the comments below by clicking permalink below this post.

[Rolig Loon]

Wrong. Having permission to modify and to transfer is NOT the same thing as having permission to present the work as if it is your own. THAT is a violation of not only the TOS but the federal Digital Millennium Copyright Act (DCMA). See http://wiki.secondlife.com/wiki/Linden_Lab_Official:Intellectual_Property

[emmettcullen93]

wouldnt it mean after you modify it and turn it into your own work. you could?

such as a sculpted prim set to use to make a object you plan to sell?

[Rolig Loon]

The tricky part is "turning it into your own work." That's what the OP's question is all about. Simply having permission to modify and transfer is NOT the same thing as having permission to resell someone else's work as your own. When you buy a sculpty kit, for example, you buy one instance of that item. The creator gives you the right to copy, modify, and transfer that item, but the intellectual concept -- the creation that HE made -- remains his. You may be ABLE to transfer the item you bought, but you do not have the legal right to transfer the intellectual creation, claiming that it is yours, unless you make a substantial change that converts that concept from HIS creation to YOURS. So, the OP is asking "How much do I have to change the concept before it is 'substantially' different?" And that is a hard question, hence my conservative answer >>> If you have any doubt, it hasn't been changed enough.

[emmettcullen93]

he asked about it he changed it to where it look "nothing" like the house. thus you even answered yes did you not?

[Rolig Loon]

My answer was generic. I left it up to him, and you, to decide when the modification looks "nothing" like the original. That's not my call. Ultimately it's the creator's. If the creator doesn't agree that it looks "nothing" like his original work, he can always file a DMCA complaint. Until then, you use your best judgment. My only advice is to err on the conservative side.

[emmettcullen93]

ok i see your point.

[Rolig Loon]

Good discussion, Emmett. Thank you.

[emmettcullen93]

no thank you you are the expert i am just learning as well. and i will edit my post to make better sence incorperating this discussion.

 

[Rolig Loon]

Hehe.. It's best to leave it as is, so that anyone else reading these posts will be able to understand what we're talking about.

[emmettcullen93]

o ha just finished editing i will modify it to show my edited content

[Sea Warcliffe]

The prims you modded still have the original creators name. So when people see the house rezzed and check for the creator they will contact that creator for support and not you. If you would like to build your own reputation, doing it with someone elses prims is not a great idea.