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Hi, I need some help.

My design was stolen from me, I made a texture based clothing mod for a solarian avatar.

However this design was bought from me by a certain person and re-made into mesh and sold as their own.

I have talked to them to negotiate, as in profit sharing as it is my design, but they refused to co-operate.

Now I have no more sales on my item. I've tried contacting LL and they told me to write a DMCA but I have no idea how to do this, can someone please help me out?

 

My item:

https://marketplace.secondlife.com/p/NNP-HUD-Box-Bodysuit-H435/8259074

 

My design being stolen by this person:

https://marketplace.secondlife.com/p/EAS-Solarian-Bondage-Harness/8335975

 

I know hers is mesh, but that does not change the fact that they stole my design.

She even bought mine in order to make the allignment almost perfect to mine.

Has anyone ever read or done a DMCA, and can help me out with this?

I would very much appreciate your help.

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Stephanie Spellhunter wrote:

Hi, I need some help.

My design was stolen from me, I made a texture based clothing mod for a solarian avatar.

However this design was bought from me by a certain person and re-made into mesh and sold as their own.

I have talked to them to negotiate, as in profit sharing as it is my design, but they refused to co-operate.

Now I have no more sales on my item. I've tried contacting LL and they told me to write a DMCA but I have no idea how to do this, can someone please help me out?

 

My item:

 

My design being stolen by this person:

 

I know hers is mesh, but that does not change the fact that they stole my design.

She even bought mine in order to make the allignment almost perfect to mine.

Has anyone ever read or done a DMCA, and can help me out with this?

I would very much appreciate your help.

There's very little chance that you'll win that DMCA. Second Life uses the laws of the United States of America. In the USA only decorative elements can be copyrighted and not the designs of "useful objects" themselves, and a piece of clothing is considered a useful object. There are other bondage harnesses in SL that all look quite similar to yours because of what they're intended to do, and anyone making a bondage harness is probably going to come up with something similar so the design of any one isn't protected.

DMCA is mostly intended to take down things that are exact pixel-for-pixel, polygon-for-polygon copies of other people's work and the other harness is obviously not that because it uses completely different technology.

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I'm sorry, but doing a little research on the DMCA would be a better use of your time than asking for advice on the forums.

There is a lot of misinformation floating around the SL community regarding the DMCA process and IP rights in general.   Seeing accurate information in the forums or inworld is the exception, not the rule.

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That's technically a false premise.

It's not clothing (a common mistake people make when they think about what the art or asset is versus the medium it is in).
The first is an image that can be defined as an artwork applied to an avatar (artwork can be protected by copyright).
The second is a 3d Model of that artwork (making it a derivative work).

Where it is infringing is a different matter of course, but derivative works are well within the scope of copyright law even if in a different medium (where the application applied is the same - in this case for some 3rd party avatar set up within a virtual world).

To the OP, it's not about winning a DMCA (there is no such thing that comes later when and if there is a court case). Under the DMCA you can file a takedown notice to the party hosting the alledged infringing works.

This will advise Linden Research to take the item down. They must comply with your notification to keep safe habor.

1 - To do this you need a template (google search DMCA Takedown Notice Template) and fill it it. It's a few pages long.
2 - Ensure you list it in your item link and the item link you are alleging is infringing upon your design. Be honest and truthful as you are signing a legal notice and fax it to Linden Research (the fax number is in the link already posted).
3 - Linden Research will take the item down; AND
4 - The other seller will be notified and will then have the opportunity to keep the item down or counter file and get it put back up if they do not believe they are infringing.
5- They have to provide their contact information at this point so you have the ability to persue them legally. If they don't believe they are infringing, it's then over to you to legally take forward if you are disagree as you have their information in real life.

Nobody here can give you an opinion if it is infringing or not, only a court can really decide that but if you are adamant it is, that's the process above to follow.

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AnaisAigner wrote:

That's technically a false premise.

It's not clothing (a common mistake people make when they think about what the art or asset is versus the medium it is in).

The first is an image that can be defined as an artwork
applied to an avatar
(artwork can be protected by copyright).

The second is a 3d Model of that artwork (making it a derivative work).


That makes it "applied art", which isn't protected by copyright but by design patents. The original graphic file containing the OP's work is protected, but you can't copyright an idea. If you draw a picture of someone wearing a blue shirt that drawing is protected, but if someone else sees it and makes another work of art with someone wearing a similar blue shirt you don't have a valid copyright claim.

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No, still incorrect, I really recommend getting proper legal advise not what you think you may know.

The original image files she has in photoshop are protected by copyright from the date she created them (subject to the usual caveats as such they are original, her designs etc.).

Go search the copyright office for those who have registered such copyrights historically in the US.

The reason I am so adamant on this is, I had to pay a serious amount of money for my RL graphic work legal advice and copyright filing which extended from the original file through to the licencing deal (totally separate) when I was published last year.  I used some of the published images that were not in that deal for Second Life and the same IP lawyer registered my copyright.  Those images were used to texture specific assets within SL, this did not dilute or remove my copyright.

The fact she applied her artwork to an avatar does not negate her original copyright. She has only provided a licence to Linden Research Inc per the TOS to display that work etc within the platform.  It also does not provide any rights to third parties to replicate nor create a derivative work from it. 

I really find it disengious when people give false advice to people on forums without a clear citation or rationale.   You have not helped the OP, only provided them off subject information (including mistaking the item as "clothing").

 

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AnaisAigner wrote:

No, still incorrect, I really recommend getting proper legal advise not what you think you may know.

The original image files she has in photoshop are protected by copyright from the date she created them (subject to the usual caveats as such they are original, her designs etc.).

Go search the copyright office for those who have registered such copyrights historically in the US.

The reason I am so adamant on this is, I had to pay a serious amount of money for my RL graphic work legal advice and copyright filing which extended from the original file through to the licencing deal (totally separate) when I was published last year.  I used some of the published images that were not in that deal for Second Life and the same IP lawyer registered my copyright.  Those images were used to texture specific assets within SL, this did not dilute or remove my copyright.

The fact she applied her artwork to an avatar does not negate her original copyright. She has only provided a licence to Linden Research Inc per the TOS to display that work etc within the platform.  It also does not provide any rights to third parties to replicate nor create a derivative work from it. 

I really find it disengious when people give false advice to people on forums without a clear citation or rationale.   You have not helped the OP, only provided them off subject information (including mistaking the item as "clothing").

 

There are many other bondage harnesses and images of same all over both Second Life and real life. The OP almost certainly based her creation on one of these pre-existing harnesses. Isn't her harness a derivative work in itself then by your logic? It isn't by the United States Copyright Office's logic:

 

"Copyright in a work that portrays a useful article extends
only to the artistic expression of the author of the pictorial,
graphic, or sculptural work. It does not extend to the design
of the article that is portrayed. For example, a drawing or

 photograph of an automobile or a dress design may be copy-
righted, but that does not give the artist or photographer the
exclusive right to make automobiles or dresses of the same
design."
 
http://www.copyright.gov/circs/circ40.pdf
 
The OP never said that her artwork was stolen, but that her design was. Clear enough for you?
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Shrugs, it's the terminology she used but her work was clearly (when you looked at her links) texture based and therefore captured under the information I provided.

I didn't comment on whether her actual item was infringed upon nor whether her artwork was original or whether she had a case.  I think that was made clear above in my comments (actually very clear).  That's not my place to do so NOR is it yours.  That's for a court of law eventually, if she believes it is her own original work.

She was asking for simple steps on how to take her complaint forward.  Not to be told, what you gave her, which is mis-information from somebody who clearly isn't legally qualified.  You wrote here, making a bunch of assumptions, and trying to state as fact (badly) copyright law and intent which was not accurate nor fair to the OP.

Trust me even lawyers have trouble with it, so please don't play an e-lawyer online.  It's disengeious to those who are asking for valid advice here.  You got derivative and transformative works also confused in above posts further muddling the water for the anybody with similiar questions.

You gave her poor and incorrect advice including flinging terms around like "winning a DMCA" when there is no such thing.

I won't keep debating you, it's a further detraction to the OP.   But suffice to say anybody else unclear on how to file a DMCA takedown notice can follow these steps where they believe they have a valid case (my own advise is get legal advice and register your copyright in the US going forward to enable statory damages if your work is of sufficient commerical value).

• Be in writing - fax transmission is sufficient;
• Be signed by the you, as the copyright owner, or your agent (your electronic signature is sufficient);
• Identify the copyrighted work that you claim has been infringed (or a list of infringements from the same site including SL Marketplace links, and location in world if available) ;
• Identify the material that is infringing your work (including Avatar Name and SL Marketplace links, location in world if available;
• Include your contact information;
• State that you are complaining in “good faith;”
• State that, “under penalty of perjury, that the information contained in the notification is accurate;” and
• State that you have the right to proceed (because you are the copyright owner or the owner’s agent).

Your notice may look like the following to make your claim:

VIA FAX to Linden Research Inc.

Re: Copyright Claim

To Linden Research Inc:
 
I am the copyright owner of the item being infringed and hosted upon your services at this location:

Name of Sim:
Name of Avatar who uploaded the item:
Location of SL Marketplace Link if available:
Inventory of Avatar named (normally same person who uploaded the item):
 
My original design is at:

Name of Sim:
Name of Avatar who uploaded the item:
Location of SL Marketplace Link if available:
Inventory of Avatar named (normally same person who uploaded the item):
 
This letter is official notification under the provisions of Section 512© of the Digital Millennium Copyright Act (“DMCA”) to effect removal of the above-reported infringement. I request that you immediately remove the specified item and prevent the infringer, who is identified by their avatar name, from uploading the item to your servers in the future. 
 
I have a good faith belief that use of the material in the manner complained of here is not authorized by me, the copyright holder, or the law. The information provided here is accurate to the best of my knowledge. I swear under penalty of perjury that I am the copyright holder.
 
Please send me at the address noted below a prompt response indicating the actions you have taken to resolve this matter.
Sincerely,

Your details.

 

 

 

 

 

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AnaisAigner wrote:k.

She was asking for simple steps on how to take her complaint forward.  Not to be told, what you gave her, which is mis-information from somebody who clearly isn't legally qualified.  You wrote here, making a bunch of assumptions, and trying to state as fact (badly) copyright law and intent which was not accurate nor fair to the OP.

Trust me even lawyers have trouble with it, so please don't play an e-lawyer online.  It's disengeious to those who are asking for valid advice here.  You got derivative and transformative works also confused in above posts further muddling the water for the anybody with similiar questions.

You gave her poor and incorrect advice including flinging terms around like "winning a DMCA" when there is no such thing.

 

Isn't it funny how pots and kettles are usually the same color?

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Hey, first of all I would like to thank you very much AnaisAigner for providing me all this information.
You made things clearer however I would like to know I have anything to lose by filing a DMCA, to try and fight this.
Also I'd like to ask you permission to use your DMCA example if possible, and I'm not sure what "Inventory of Avatar named (normally same person who uploaded the item):" means exactly.
Would it be possible to continue chat within secondlife? :)

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No problem 

(1) it's not my template it's a standard template so can you use freely.

(2) You aren't filing a DMCA (that stands for Digital Millenium Copyright Act).  You are filing a takedown notice under that Act.

(3) Anything to lose?   Not for me to say really.   What I will say as an artist myself in RL is

(a) Be honest and have integrity.   I think  what is important is only ever use a takedown notice if you are 100 % sure that your work is original.  I would not do it if perhaps you were inspired by something as you may not be that different from the person you are naming in the takedown notice. 

(b) Be aware filing a takedown doesn't mean a resolution to the issue.  It's just step 1.  So if the person who receives the notice disagrees that their work is a copy of yours, they can simply file a counter notice and Linden Research Inc. will put the item back up.   It's then up to you to take to court.

© Taking to court.  It's really rare for people to pay thousands of dollars over what amounts to pennies (and without registered copyright you won't get damages even if a court agrees that the copyright was infringed upon).   So this is perhaps the most important thing to consider.  The biggest thing you can lose is your time.   You research, file, wait, then have to deal with the situation and stress it brings.  So perhaps, sometimes, while it is a bitter pill to swallow.  It's simply best to walk away and focus your energy instead on making something new and having fun with it.

 

(3) Inventory of avatar - means - name the avatar and state you want the item removed from inventories in Second Life (not just copies that are on SL Marketplace or rezzed in stores etc).

 

Hope that helps.  

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AnaisAigner wrote:

 

I think you may want to raise a ticket to LL.

Your tag has been messed up.  It says Helper.  

Obviously an error :smileytongue:

So sad - and I don't even know what "disengeious" means either - and neither does a dictionary. Might it mean, "Not really knowing what one thinks they know?"

(I DO know what scènes à faire are in copyright law though.)

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Stephanie Spellhunter wrote:

Hey, first of all I would like to thank you very much AnaisAigner for providing me all this information.

You made things clearer however I would like to know I have anything to lose by filing a DMCA, to try and fight this.

Also I'd like to ask you permission to use your DMCA example if possible, and I'm not sure what "Inventory of Avatar named (normally same person who uploaded the item):" means exactly.

Would it be possible to continue chat within secondlife?
:)

Wrt what you have to lose. It is a crime to file a false Dmca. Also, if they counter file, then IIRC LL puts the item back up and gives you both your contact information in case either of you goes to court. Not sure about whether they put their item back up or not, or maybe they taken yours down too, can't remember. 

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They will give the filer the counter filers information.

They won't take the filers item down unles the counter filer then files a fresh takedown notice on the other person (who can then counter file if they disagree). Then it is time for court, or it's the end of the matter.

Btw Pamela, I am a big fan of your work!

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(1) Thank you.

 

(2) What is the difference between a DMCA and a takedown notice?

When I wrote a ticket to LL they told me to write a DMCA, if I give them a takedown notice I am not sure if it is the same thing.

 

(3) Also another question, if the other person disagrees and it is taken up to court, will this cost real monney? Because that is the only concern of mine..

 

(a) Honesty is all i want to be, though being inspired by something that looks completely different is not being the same as someone who bluntly copies the exact look of a design and even admits it within SL once confronted about it, laughing it off knowing I am quite powerless to do anything about it.

 

(b) Again the only concern for me is that it costs real monney, but I want to go through with this as LL told me to write a DMCA in order for something to be done about this.

 

© If it where to cost me monney how can this not "damage" you? i am very confused to be honest.

I do put my energy into new things and try to have funn, though now I keep being scared this will be taken away as someone else might run off with my designs once again.

This is the exact reason why i plan to do something about it, as i am not wanting to live in fear, they have to know i will act for what is right and they cannot toy with me.

 

Once again thank you for all your information,  I really appreciate the help.

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Stephanie Spellhunter wrote:

Hi, I need some help.

My design was stolen from me, I made a texture based clothing mod for a solarian avatar.

However this design was bought from me by a certain person and re-made into mesh and sold as their own.

I have talked to them to negotiate, as in profit sharing as it is my design, but they refused to co-operate.

Now I have no more sales on my item. I've tried contacting LL and they told me to write a DMCA but I have no idea how to do this, can someone please help me out?

 

My item:

 

My design being stolen by this person:

 

I know hers is mesh, but that does not change the fact that they stole my design.

She even bought mine in order to make the allignment almost perfect to mine.

Has anyone ever read or done a DMCA, and can help me out with this?

I would very much appreciate your help.

Are they sure they didn't "copy" this one, which appears to be older than either of the ones you posted?

https://marketplace.secondlife.com/p/Frios-Solarian-Amazing-Restraint-Harness-Mod/8032223

 

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Yes, that one is older than mine.

I've never seen Frio's design up until the point the picture was linked to me, after confronting the person who stole my design, trying to defend her deed by stating that I somehow copied Frio's.

Once getting the picture linked to me, I took it upon myself to compare the two in question. They have things similar and yet different about them.
I was inspired by http://ecx.images-amazon.com/images/I/71zBCByAWzL._SL1500_.jpg as I had someone link it to me requesting for something similiar, and even had someone watch me make this particular item. They gave a suggestion to add leg straps otherwise it was too bare around the legs. That's probably were the similarity lies.

I, myself, find many differences to see plainly that it was not designed or based around Frio's.

While it may seem that way I will be honest that I didn't know about Frio's work until after I had put mine up for sale.

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  • 3 weeks later...

This walks you through it.  Once you file LL will take down the offending content, but it is highly likely that the other person will counterfile.  If that happens you have next to no chance of winning, and LL will have to reinstate the product.  Successful DMCAs that lead to a courtroom win are rarer than hens teeth in Second Life. The costs are prohibitive once you get beyond the initial filing, and frankly with a texture vs mesh situation you're on a hiding to nothing but grief.  However, your call.

 

https://nppa.org/page/5617

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