Intellectual Property Rights

[GongYoo]

Okay so I'm having to go through IP Intellectual Rights because I want to upload a mesh and while I'm not uploading anything to do with a celebrity it's just home decor I noticed some stuff that I'm wondering how people are selling things to do with images of likeness to celebrities. I mean I'm seeing actual dresses with Elvis on and a stool with a storm trooper helmet on and these are well known creators yet they're not getting into trouble. I'm confused because I read this - Meshes or other content that replicates or closely imitates the appearance of a celebrity or famous person is a violation of Linden Lab's policies and may violate intellectual property laws.

So things with these celebrity images shouldn't be allowed right? Neither should furniture with Star Wars themes or Even dolls that resemble star wars characters? I want to be sure I know what's acceptable and seeing these things around and not being taken down is making me question what is or isn't allowed.

Anyone care to help me out?

[ChinRey]

It's the 11th command: Thou shalt not get caught.

Only the owner of the IP rights can file a DMCA and if they don't know about it, nothing is done.

I suggest you stay well away from all of that though. Leave the shady business to the shady people.

[GongYoo]

Well I certainly wont be making shady things but I'm very curious why people would read through that "test" or whatever it is and still ignore what it says? 

[Rolig Loon]

For the same reason that they do in RL.  When you violate another person's intellectual property rights, almost nobody else is ever going to know except for the person you stole from, and only that person has a legal right to complain.  Yes, there's a lot of ripped off stuff in SL.  There is a lot all over the world outside of SL too.  Celebrities and big corporations like Disney have an advantage because of their high profiles and because they can afford to hire people to watch for violations, and they can decide whether to ignore them or not.  Most other people either never find out or figure that it's too much trouble to file a complaint.  As ChinRey says, that's not an invitation to become a thief. It's just an explanation of why thieves get away with it. If someone does complain, though, Linden Lab has a legal obligation under DCMA to remove the things you stole from their servers.

[Klytyna]

5 hours ago, GongYoo said:

Well I certainly wont be making shady things but I'm very curious why people would read through that "test" or whatever it is and still ignore what it says?

Remember also, that the 'test' is actuaslly meant to hammer home a message, you can't fail the test, it keeps giving you retrys till you pass, and if anyone ACTUALLY took it seriously, you couldn't make anything at all.

Making a Dress (tm)? Looks a bit like some 2000 RL dresses all copyrighted, your Dress(tm) is not allowed in SL That generic motorbike mesh you want to upload looks a lot like some 10 different brands of motorbikes, all with copyrighted designs., odds are it would be illegal to rez a plywood cube in SL, if that 'test' was a rigidly enforced regulation.
 

[Madelaine McMasters]

An RL friend of mine has a cookie business. She is routinely asked to make Mickey Mouse, Ariel, Elsa etc. She routinely refuses, to the consternation of her customers. As with music piracy, I don't think most people care enough to understand what they're doing/asking.

[Aquila Kytori]

Just want to add to what Klytyna said: you are allowed to copy "that dress" but you are not allowed to use the Trade makerd logo or copy righted image on it.

Same goes for vehicles that are in or have been in general production . You can copy that sports car but you can't use the Ford logo on it or call it a Mustang Mach 1.

On the other hand you are not allowed to bring in a copy of a concept car unless it is of your own design.

You may find this video interesting :

 

 

Edited March 29, 2017 by Aquila Kytori

[GongYoo]

So you can put an image of mickey mouse on an image and it's okay as long as you don't call it mickey mouse? Or is that entirely different because disney images are all copyrighted or trademarked?

[Rolig Loon]

No, you can't.  Disney images are well-recognized and highly visible, but the answer would be the same if you were stealing an image that my 10-year-old grandson made.  Theft of intellectual property is wrong.  The only difference between stealing from Disney and stealing from my grandson is that Disney is likely to notice and then slap a DCMA complaint or a lawsuit on you.  My grandson will never notice (unless I spot it, and then you are toast).

[Chic Aeon]

BEYOND the Intellectual copyright issues, if you read the Second Life Terms of Service (since August 2013) you are not allowed to upload anything (including graphics) that you do not own the copyright to or have expressed permission to use from the copyright holder. Public domain graphics would be an exception as I understand it (not an attorney) as well as creative commons 0 items (discussion on this but I am going to side with the its OK folks). 

Of course a fair percentage of content creators overlook that part of the TOS -- and it appears (since Ebbe bought the Golden Gate Bridge from Turbosquid and used it as an example in a Sansar video) that those same rules will not apply in Sansar.  Why they are still here when there are completely unpoliced anyway is a mystery. I suspect it is just a CYA move :D. 

[Aquila Kytori]

2 hours ago, GongYoo said:

So you can put an image of mickey mouse on an image and it's okay as long as you don't call it mickey mouse?...........

Not today you can't. Ask the same question in a few years time and the answer may well be yes.

The Disney copyright on Mickey Mouse is due to expire in 2023

http://artlawjournal.com/mickey-mouse-keeps-changing-copyright-law/

Edited April 1, 2017 by Aquila Kytori

[GongYoo]

So this would include images of celebrities right? Or is some of that classed as public domain?

[Klytyna]

14 minutes ago, GongYoo said:

So this would include images of celebrities right? Or is some of that classed as public domain?

 Depends on the celebrity, and their agents and what you are using the image for, you'll get a radically different response from some easygoing 'all publicity is good' type for a nice pic on a shirt with a "I ♥ Hunk Studly" caption, than you would from some paranoid freak if you make photoshopped porn pics with their head on somebody elses body.

Point is a lot of copyright law basically boils down to "does soandso object to you doing whatever", and a lot of whats said is basically asscovering, hence SL's mesh upload test that basically tells you you cant upload anything unless you made it your self from mud and sticks while living in a cave before meeting other members of the human race and getting ideas from them.

Don't expect consistancy in copyright or the way it's handled, hell even the definitions of what rights people have vary from country to country.