Can someone take pics of your sim to create and sell background packs for photos without permission?

[Kimmy Sweetwater]

As any sim owner or creator knows a lot of time/effort/money goes into creating your ideal place. Is it allowed for a person to come and take numerous photos of your sim, put them into background 'packs' and sell them without the sim owner/ creators permission? I understand people use sims as backdrops for photography......but to take shots of the sim to sell as part of their business to me seems a bit cheeky especially without permission :matte-motes-sour:

Is it common? Am I just overreacting? Is it maybe even illegal?

Guess I'm just a little miffed as we have worked hard to create a lovely place in SL and with packs such as these then it could potentially deter people from actually visiting the sim.

[Madelaine McMasters]

Hi Kimmy,

Here's what Linden Lab says on the subject...

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

Note in particular section "a" of the License Conditions. If I understand that correctly, you could prohibit snapshots in your covenant, then AR anything containing an image of your sim. I don't expect you'd go ARing visitors who take snapshots for feed posts, or for personal use, and I don't think your failure to do so would jeopardize your standing with LL upon issuing an AR for content you find for sale that contains images of your sim.

So, I'd recommend adding a statement to your covenant that at least prohibits taking snapshots for anything other than "fair use". It won't make any difference whether anybody reads that clause, it's really there for the Lindens who investigate your abuse reports.

Good luck... and send me (or all of us) a LM, I wanna see your work!

[Griffin Ceawlin]

'So, I'd recommend adding a statement to your covenant that at least prohibits taking snapshots for anything other than "fair use".'

Snapshots are prohibited on a parcel/sim or they are not. And all resulting snapshots can be used* "within or outside of Second Life in any current or future media."

There is no "fair use" clause that would stand.

* '"Use” means “use, reproduce, distribute, modify, prepare derivative works of, display, and perform."'

[Kavarek]

Not without permission, they can not SELL the images. I ran into that problem today with a woman I do not know having ones of arallyn and selling it on marketplace. She has many sims all over selling them at 50L each. 

Our material is copyright protected, as well as the covenant clearly states images an not be taken and used for profit on marketplace or any real place.  

[MoiraKathleen]

If you are going to have restrictions on either the taking of photographs or what can be done (or not) with the photographs, I would suggest that in addition to putting the terms in the land covenant that you have a visible sign at the landing point stating to click for NC of photography restrictions or stating the land covenant tab should be read for photography restrictions. 

While I often read the "About Land" description when visiting other regions I usually only read the covenant tab if the parcel is a rental that I am interested in checking out.  I would imagine that I am not the only one who does not routinely read the covenant tab, which is why I suggest a sign prominently displayed at the landing point.

[Rowan Amore]

If you wish to take a snapshot or capture machinima of content on another Resident’s land, then:

For Snapshots, check whether the covenant for the land prohibits snapshots. If it does, then you need special permission from the land owner to take the snapshot. If it allows snapshots or doesn’t address them, then you do not need special permission from the land owner as long as you comply with any terms that may be in the covenant.

Also...

We are thrilled to support the amazing creativity of our community’s artists who are taking snapshots and making machinima in Second Life. This policy is important for artists because it gives them copyright permissions from Linden Lab and the Second Life community to make the incredible works that we all enjoy.

For artists, it’s important to have these copyright permissions if you are publishing and sharing your works. If you’ve had the experience of entering a film festival, you know that festival organizers ask about these permissions.

This policy gives broad copyright permissions for snapshots and machinima, but asks that you respect the privacy interests of members of the community. If you’re a professional photographer or filmmaker, these requests won’t surprise you. You’re likely already observing them since they’re based on the clearances you’d get for shooting in the “real world.” All the details are below – so keep reading, and have fun!

 

As long as you comply with the terms and conditions below, both Linden Lab and the Residents of Second Life (collectively, “we”) grant you the following copyright licenses:

A License To Capture. You may take snapshots and capture machinima of the 3D content we created that is displayed in-world, and

A License To Use. You may use the resulting snapshot or machinima within or outside of Second Life in any current or future media.

“Use” means “use, reproduce, distribute, modify, prepare derivative works of, display, and perform.” For other definitions, see Definitions.

 

It's best to always ask permission if you aren't sure but if the region does specifically say you CAN'T take pictures, than it's ok.   Many SL residents take picture of themselves in different regions.  The policy of LL is to allow them to sell those photos if they so choose.  

[belindacarson]

8 year old thread..........................