Copyright question

[Nelo]

So i just found out much to my dismay that i had all 30 of the gestures i made stripped from the marketplace with Removed under our Intellectual Policy. message, and I didn't make entire songs, we are talking 10 second clips out of a 2 hour movie. So i wanted to know if its worth it to challenge it with a Counter-notification ir w/e its called reciting title 17, U. S. Code Section 107

http://www.copyright.gov/title17/92chap1.html#108

Particullarly 

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; (10sec out of a 2 our movie) and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

 

And under Fair Use as a Paradoy in which they are especially 3 that previously were removed because of this and i re-edited adding heavy voice morphing beyond recognition of the orginal voice and reported it to the marketplace as a paraody -,-

[Paladin Pinion]

You need to ask a lawyer. Getting legal advice from a community forum isn't reliable. That said, there are restrictions on what you can use under the Fair Use Act. Marketing an item usually doesn't count as fair use; fair use only applies to purposes that don't provide profit. In general you can't resell other people's work for any reason.

[Cinnamon Lohner]

Not likely that anyone at LL got your gestures and played them.  Without having seen your shop, my guess is that you used the name of the movie in the listing.  That is enough to have them pulled for copyright violation.  And if you hit on the big D then don't expect to win a challenge.

--Cinn

[Nelo]

I'm not so much asking advice , just a small probe before i decide my next move , as far as the second part i beg to differ under the terms of marketing it as a parody, people sell music covers, (i.e wierd al and such) and Unoffical guides to this and that. I just wanna see if anyone has been in the same situtation and if they were sucsessful or not.

[Jenni Darkwatch]

~shrug~ I've been on the other side of such a dispute, though not in SL. You can fight it, but there's a few things you should be aware of:

1. It's irrelevant if you make money off it or not.
2. There has to have been significant creative work on your side. Whether your editing qualifies would be up to a court. Different courts see it differently.

Then there's another issue that you didn't clarify: If you did, in any way shape or form, use protected terms to advertise your product, you're toast. The movies name, an actors name, anything like that is not permissible.

Furthermore, LL can ban anything for any reason they want.

Basically, make your own recording and don't use any copyrighted/trademarked/otherwise protected terms and/or imagery. Trying to make money off others' fame is just sick.

[Madeliefste Oh]

I have never heared that LL takes content down because of IP policy when they did not receive a dmca from the legit holder of the IP right. In your case it might be an agent of the movie compagny who filed this dmca.

When you file a counter dmca you are not only giving them your name and adress, you also must state that  you consent to the jurisdiction of Federal District Court for the judicial district in which you reside (or San Francisco, California if your address is outside of the United States). And state that you will accept service of process from the person who provided notification to LL.

When I was in your shoes I would not take the risk to be taken to court by a movie compagny. It might end with you loosing much more money then you ever made by selling those gestures.

[Nelo]

Ya I agree with you,  i was thinking it was something the SL admins handle, if that was the case i probably would of fought it, but for LL to step back and just as like a middle man for the court system to fight over the rights of selling gestures for virtual money is just silly. LL has disappointed me meh back to the drawing board.

P.S to the first person that replied, not paying a lawyer 300 an hour to give me legal advice on 30l gestures......unless they take lindens as money ;D