Creating poses

[DulceDiva]

Hello.So I bought Avastar and started creating some poses from scratch,using my imagination/creativity.Now,I have a question (hope it's not a dumb one,but I would rather be safe than sorry).If by any chance a pose I make turns out to be similar to ,or resemble one that was made by another creator in the marketplace,would that be considered copyright infringement even though it's not something done on purpose?

I wouldn't like to upset anybody nor get myself into troubles.

[Rolig Loon]

Copyright isn't necessarily the relevant question here.  Intellectual property is, but don't worry.  If you are creating animations from scratch, your body movements won't be exactly the some as another animator's, and the timings won't be either.   At most, your work may be inspired by someone else's, but it's not a copy.  (That isn't to say that some other creator won't snipe at you anyway.  Some people are just like that, but if you haven't copied another person's animation, your conscience can be clear.)

[DulceDiva]

10 hours ago, Rolig Loon said:

Copyright isn't necessarily the relevant question here.  Intellectual property is, but don't worry.  If you are creating animations from scratch, your body movements won't be exactly the some as another animator's, and the timings won't be either.   At most, your work may be inspired by someone else's, but it's not a copy.  (That isn't to say that some other creator won't snipe at you anyway.  Some people are just like that, but if you haven't copied another person's animation, your conscience can be clear.)

Thanks a lot for your reply. I was really worried! When you say 'snipe' ,are you referring to the fact that they may send me unpleasant messages or the fact that they might try to report me?

[Rolig Loon]

Nah... some people are just born grumpy; you can't please them. It's the way the world works. By now, I'm sure you have met a few of them, so you know how to ignore them and get on with your own life.  😉

[DulceDiva]

21 minutes ago, Rolig Loon said:

Nah... some people are just born grumpy; you can't please them. It's the way the world works. By now, I'm sure you have met a few of them, so you know how to ignore them and get on with your own life.  😉

I certainly have. Thank you for the kind advice !

[Lindal Kidd]

It's always possible that someone could file a DMCA takedown notice against your creations. This could be out of a sincere but mistaken belief that your product is an illegal copy of their work, or simply out of spite.

It's annoying, but quite possible, to defend yourself against such claims, by showing materials that prove your creative process, and/or by a detailed comparison of your product to the other person's. Being able to show not only how, but when your product was created may be helpful, if you can show your thing was made before theirs.

[Rolig Loon]

11 minutes ago, Lindal Kidd said:

It's always possible that someone could file a DMCA takedown notice against your creations. This could be out of a sincere but mistaken belief that your product is an illegal copy of their work, or simply out of spite.

True, and there are all sorts of other low-probability risks that we face every day by getting out of bed (or by staying in bed). The basic lesson, as you pointed out, is not to paralyze yourself by worrying about them.  Run an honest business, keep decent records, and do your own best creative work.

[DulceDiva]

3 hours ago, Lindal Kidd said:

It's always possible that someone could file a DMCA takedown notice against your creations. This could be out of a sincere but mistaken belief that your product is an illegal copy of their work, or simply out of spite.

It's annoying, but quite possible, to defend yourself against such claims, by showing materials that prove your creative process, and/or by a detailed comparison of your product to the other person's. Being able to show not only how, but when your product was created may be helpful, if you can show your thing was made before theirs.

Thank you for the information provided.

So for example, if my pose was made after theirs but it's got obvious differences (eg.different hand positions), a DMCA filed against me would fail or would it bring me problems?  As I mentioned, I like to create poses from my imagination but I am aware that there are slight chances of coming across a similar pose  that was already made by someone else (which would make the creator believe that I copied their product).

The scenario mentioned is what's worrying me most.

[Rolig Loon]

Don't worry so much. That's a very low-probability scenario.  Besides, even if someone did decide to complain, the absolute worst that could happen is that you would have to remove the pose and replace it with another one.  There's no other penalty.

[DulceDiva]

22 minutes ago, Rolig Loon said:

Don't worry so much. That's a very low-probability scenario.  Besides, even if someone did decide to complain, the absolute worst that could happen is that you would have to remove the pose and replace it with another one.  There's no other penalty.

Ooh,I see. I was always afraid,thought a DMCA would close your account or put it on hold. That's something I witnessed on another platform similar to SL,so I thought it was something that applies on all other platforms.

[Rowan Amore]

There are literally hundreds of poses that are similar in nature.  There are only so many ways to move the human body.  If you have on finger slightly different than another, it's NOT the same.  There is a very low probability of anyone making a pose EXACTLY like anyone else's.  It's, to me, a non issue

[DulceDiva]

Just now, Rowan Amore said:

There are literally hundreds of poses that are similar in nature.  There are only so many ways to move the human body.  If you have on finger slightly different than another, it's NOT the same.  There is a very low probability of anyone making a pose EXACTLY like anyone else's.  It's, to me, a non issue

Thank you for reassuring me. Nice to see such a helpful, kind and understanding community 😊