Copyright / Streaming question

[beccygirl]

I have some art I have made myself (and I own the copyright to) in an art gallery on second life. 

What are the copyright implications of a person streaming video whilst walking in my gallery?  Are they allowed to do this, or does it breach my copyright, since they are streaming images of my work?

[Chic Aeon]

According to the machinima policy of SL they are not allowed to film in your gallery at all WITHOUT YOUR PERMISSION.

 

http://wiki.secondlife.com/wiki/Linden_Lab_Official:Snapshot_and_machinima_policy#:~:text=You may take snapshots and,any current or future media.

[Orwar]

   Mind, you are responsible for enforcing that. You can't really tell if someone is taking snapshots or capturing video in SL.

   If you discover someone is redistributing your stuff elsewhere, it's up to you to file an AR against them. LL can only enforce their ToS within their domain (i.e. these forums, the marketplace, and within Second Life itself). If someone uploads a video to YouTube for example, LL can't really do anything about it; you'll then instead have to turn to YouTube with your copyright claim. Whether LL will do anything against the user who did that (if you figure out who it is, that is), I haven't got a clue (I expect they might, but you'd have to provide strong enough proof of their identity to be able to do so).

  Second Life's ToS:

Quote

2. CONTENT LICENSES AND INTELLECTUAL PROPERTY RIGHTS

2.3 You grant Linden Lab certain licenses to your User Content.

You retain any and all Intellectual Property Rights you already hold under applicable law in Content you upload, publish, and submit to or through the Servers, Websites, and other areas of the Service, subject to the rights, licenses, and other terms of this Agreement, including any underlying rights of other users or Linden Lab in Content that you may use or modify.

In connection with Content you upload, publish, or submit to any part of the Service, you affirm, represent, and warrant that you own or have all necessary Intellectual Property Rights, licenses, consents, and permissions to use and authorize Linden Lab and users of the Service to use the Content in the manner contemplated by the Service and these Terms.

Because the law may or may not recognize certain Intellectual Property Rights in any particular Content, you should consult a lawyer if you want legal advice regarding your legal rights in a specific situation. You acknowledge and agree that you are responsible for knowing, protecting, and enforcing any Intellectual Property Rights you hold, and that Linden Lab cannot do so on your behalf.

Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration or remuneration for any of the rights granted in this Section.

Except as otherwise described in any Additional Terms (such as a contest's official rules) which will govern the submission of your User Content, you hereby grant to Linden Lab, and you agree to grant to Linden Lab, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, modify, display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and sell, re-sell or sublicense (through multiple levels)(with respect to each Product or otherwise on the Service as permitted by you through your interactions with the Service), and otherwise exploit in any manner whatsoever, all or any portion of your User Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any media, software, formula, or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You agree that the license includes the right to copy, analyze and use any of your Content as Linden Lab may deem necessary or desirable for purposes of debugging, testing, or providing support or development services in connection with the Service and future improvements to the Service. The license granted in this Section 2.3 is referred to as the "Service Content License."

Linden Lab has no obligation to monitor or enforce your intellectual property rights to your User Content, but you grant us the right to protect and enforce our rights to your User Content, including by bringing and controlling actions in your name and on your behalf (at Linden Lab's cost and expense, to which you hereby consent and irrevocably appoint Linden Lab as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest)."

 

Edited March 17, 2021 by Orwar
Formating

[Jax Leeder]

If you do not want anyone to take a picture or video of your creations then best bet is not to upload them in SL or anywhere else on the Internet for that matter. It's unfortunate but the norm for how creative arts are treated these days.

 

Just to clarify as someone took offense at my comment above - I am not saying that this is right or should happen. I am simply stating that it does and will happen so creators of any content be it in SL or the RL need to be aware that people will download their stuff without paying for it because they consider that to be their right. 

Now maybe I can avoid the pitchforks and mobs.

Edited March 18, 2021 by Marius Mercury

[Nalates Urriah]

On 3/17/2021 at 3:14 AM, Marius Mercury said:

Now maybe I can avoid the pitchforks and mobs.

Learn to run REALLY fast.

My experience is no matter how careful you are nor how much you explain... people will get triggered. They seem to enjoy it.