"Tribute" music,Snapshot and machinima policy

[Wallace Wirefly]

Having wandered throughout SL and attended a few musical events I began to wonder how the interaction between the music played by "Tribute" bands and the venue where they are held. I also noticed many postings (photo&video) on the Internet of these events. Putting aside the issue of SOPA,DCMA,etc. of the music content played...what I looked at was LL policy concerning policy of Snapshot and machinima.

Looking through I noticed this:

c) Other Intellectual Property Licenses

It's important to remember that the Licenses are only copyright licenses for the 3D content we created that is displayed in-world. They do not include any permission to use the trademarks of Linden Lab or Residents, and they do not give any copyright permission to use music or sound recordings that may be performed in-world. They also do not give any copyright permission to use any website or video content that may be streamed from outside the Second Life virtual world environment.

If the content that you capture is subject to any trademark, service mark, trade dress, publicity rights, or other intellectual property or proprietary rights, you must obtain the necessary licenses and permissions to use the content, and you use it at your own risk.

So IF one was to attend a "Tribute" concert AND take photos or video AND post outside of SL would one need to obtain the permission of those pretending to be a group or person OR actually obtain permission from the ACTUAL artist who is being represented? Also what about the capture of content?

The floor is now open for discussion. :matte-motes-big-grin:

[Amethyst Jetaime]

Legally, tribute performances need a streaming license to legitimately do what they do.  However I doubt any of them obtain one so they run a risk of being sued by the owner of the musics IP rights. They also need the permission of the celebrities they are depicting, however I doubt that they have this also.

You would need a license too to stream the music which essentially is what you would be doing if you posted a machinima on a website.  I am not sure about the celebrity permission.

You also need the permission of the venue owner and the avatars you are filming to include them in a machinima, but not to photograph them, unless the venue specifically forbids photos.

The music industry as well as artists have demonstated that they persue IP violations.  If I were you I'd consult a good lawyer before you do anything.