IP rights for Sounds

[NiteRGloom]

Hello everyone,

we all know, we can't use real brand names in SL for our products...but what about soundfiles?

for example: i was looking for a soundpack for the bike that i'm building, i found an inworld shop with alot of bike sounds with real names..like ducati, harley davidson, triumph, etc. is that allowed for selling sounds?

i'm asking because no one could actually tell if that sound was really taken from a ducati, harley or whatever...is this still illegal?

hanks

Nite

 

[Codex Alpha]

"Branded items may be listed or sold only by the brand or intellectual property owner or its authorized agents.

'Brand names' include product names; service names; company names; organization names; trade names; designer names; trademarks; service marks; celebrity names; famous persons' names; the unique names of well-known books, films, television programs, games, and other works that are the subject of copyright; and the unique names of well-known fictional characters from copyrighted works.

An item that uses a brand name (like Gucci®, Nike®, or Rolex®) can be listed only if the item is officially offered or authorized by the brand owner (for example, Gucci America, Inc., Nike, Inc., or Rolex Watch U.S.A., Inc.)."

- https://marketplace.secondlife.com/listing_guidelines

If the store is using brand names to promote the product, they are breaking the Terms of Service for marketplace listings - as shown above.

Unfortunately, there is nothing you and I can do about this kind of infringement of the Ducati brand (by multiple sellers)- only the copyright/brand/trademark holders can file a complaint against such a listing - which means its there to stay.

[NiteRGloom]

Thank you for your informativ Post. So as long the holder of a trademark doesnt react, everyone in sl is able to use their brandnames. I think the Most big Companys just dont have the time to mess with those kind of bs..or maybe they think it is a good advertising for their real life products.

[Sassy Romano]

Not quite.

As long as the brand or copyright holders don't react, those people willingly breaking the TOS do not get caught.

 

Not getting caught is not the same meaning as "is able to"

[NiteRGloom]

Getting caught doesnt result in a permaban, until the Copyright holder reacts they already Made profit with the brand names. After they getting caught they just rename their stuff and their sl business is already established, so customers will still buy their anf there is no big change for them.

[NiteRGloom]

I dont Support this kind of tos infringement, but it's just annoying that no one (except the Copyright holder) can nothing Do against this

[Sassy Romano]

I wasn't making an argument, I was correcting your terminology and use of English.

[Perrie Juran]

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NiteRGloom wrote:

Hello everyone,

we all know, we can't use real brand names in SL for our products...but what about soundfiles?

for example: i was looking for a soundpack for the bike that i'm building, i found an inworld shop with alot of bike sounds with real names..like ducati, harley davidson, triumph, etc. is that allowed for selling sounds?

i'm asking because no one could actually tell if that sound was really taken from a ducati, harley or whatever...is this still illegal?

hanks

Nite

 

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Looking at your specific question.....

If I recorded a Harley, etc, etc and uploaded the sound to SL I do not think it would be an infringement if I described (listed) the sound file as "sound of a harley davidson engine."  It's just a simple and accurate description.

This would be similar to my selling photos of Harley's (if I took some).  I can list them on E Bay as photos of Harley's, etc, etc. 

ETA, if it's not a real recording then it would be fraud and an infringement.