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NiaSilk Pearl

Photography Images to Sell - HELP?

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I hope someone can help with my problem.

My Question: I run a greeting card business in RL and I would like to know, if use the snapshots of my avatar on the front of my greeting cards can I still sell them for profit in RL

**I was sent to look at some information and found the following:

(b) Avatar Consent for Machine. For machinima, you must have the consent of all Residents whose avatars or Second Life names are featured or recognisable in the machinima. This includes avatars who are featured in a shot, avatars whose names are legible, and avatars whose appearance is sufficiently distinctive that they are recognisable by members of the Second Life community. Consent is not required if an avatar is not recognisable and is merely part of a crowd scene or shown in a fleeting background. Consent is not required for any snapshots. 

So my interpretation of the above is the following:

If its just my avatar in the image I don't need any consent only if other residents are in my snapshot I need to ask for their consent. Plus if residents are in the shot and they cannot be recognised,  I again do not need to ask permission.

IS THIS CORRECT?

Also This does not tell me if I CAN sell my products with my snapshots on them?

Also I have brought my skin but all the clothes I wear in SL are freebies, would I need to ask permission to wear the clothes in my snapshot if I am to sell for profit? Or is it because they were free that fine? What about the scenery in my snapshot do I need permission for that in my snapshots too?

I need help to confirm or not what I am allowed to do and not do when it comes to selling products with my avatar snapshots on them. This is my RL business and I would nit like to be taken to court all because of a rule if missed or miss understood.

I hope someone can help and

Thank you in advance

NIA



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NiaSilk Pearl wrote:

If its just my avatar in the image I don't need any consent only if other residents are in my snapshot I need to ask for their consent. Plus if residents are in the shot and they cannot be recognised,  I again do not need to ask permission.

IS THIS CORRECT?

Yes, that is correct. From my understanding, you're also allowed to sell a work that features a photo or video of your avatar.

 


Also I have brought my skin but all the clothes I wear in SL are freebies, would I need to ask permission to wear the clothes in my snapshot if I am to sell for profit? Or is it because they were free that fine? What about the scenery in my snapshot do I need permission for that in my snapshots too?

This is covered in the ToS. People who create and/or upload content in SL, quote:

7.4 ... also grant Linden Lab and other users of Second Life a license to use in snapshots and machinima your Content that is displayed In-World in publicly accessible areas of the Service.

You agree that by uploading, publishing, or submitting any Content to or through the Servers for display In-World in any publicly accessible area of the Service, you hereby grant each user of Second Life and Linden Lab a non-exclusive, worldwide, royalty-free, sublicenseable and transferable license to photograph, capture an image of, film, and record a video of the Content, and to use, reproduce, distribute, prepare derivative works of, display, and perform the resulting photograph, image, film, or video in any current or future media as provided in and subject to the restrictions and requirements of our Snapshot and Machinima Policy. The foregoing license is referred to as the "Snapshot and Machinima Content License."

 

In other words, you are allowed to capture images of all content that is displayed inworld and publicly accessible, which of course includes content that you've paid for. You can freely reproduce and distribute your snapshot and derivative works based on this snapshot.

I assume that this includes commercial distribution. But to be on the safe side, I would also contact Linden Lab and ask them to confirm this.

 

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NiaSilk Pearl wrote:

So my interpretation of the above is the following:

If its just my avatar in the image I don't need any consent only if other residents are in my snapshot I need to ask for their consent. Plus if residents are in the shot and they cannot be recognised,  I again do not need to ask permission.

IS THIS CORRECT?



Snapshot and machinima policy 2 (b): Consent is not required for any snapshots.

 


What about the scenery in my snapshot do I need permission for that in my snapshots too?



 

Snapshot and machinima policy 2 (a) Land Owner Consent for Snapshots and Machinima.

If you wish to take a snapshot or capture machinima of content on another Resident’s land, then:

For Snapshots, check whether the covenant for the land prohibits snapshots. If it does, then you need special permission from the land owner to take the snapshot. If it allows snapshots or doesn’t address them, then you do not need special permission from the land owner as long as you comply with any terms that may be in the covenant.

For Mainland or Linden Homes parcels where Linden Lab is the estate owner, you do not need land owner consent to take snapshots, but you do need special permission from the land owner to capture machinima. The “land owner” is not the estate owner, but the Resident identified as the land owner in the “General” tab under “About Land.” For private islands where Residents are estate owners, you must check the covenant for the private island as provided above.

 

http://wiki.secondlife.com/wiki/Linden_Lab_Official:Snapshot_and_machinima_policy

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