Copyright license - need clarification

[shalimarq]

Copyright Licenses:
A License To Use. You may use the resulting machinima within or outside of Second Life in any current or future media.

“Use” means “use, reproduce, distribute, modify, prepare derivative works of, display, and perform.” For other definitions, see Definitions.

Both the License To Capture and the License To Use (collectively, the “Licenses”) are non-exclusive and royalty-free. In addition, the License To Use is worldwide, sublicenseable, and transferable.

Does the license to use mean also commercially? For example monetizing a YouTube video of Second Life machinima. Or what about selling e-cards made from Second Life machinima material?

What about attribution? Do I have to mention Second Life in the credits, and if so how can/should I credit it? "Filmed in Second Life" is that ok? (I live outside the U.S.)

[Chic Aeon]

Not a lawyer so this is not legal advice.

You did however break the TOS by copying and pasting that line in from the http://wiki.secondlife.com/wiki/Linden_Lab_Official:Snapshot_and_machinima_policy  (up at the very top it says you may only LINK to the page).    You aren't the first  - LOL.

 

The use policy sounds pretty much open for anything. I am guessing we are talking about YOUR machinma and not one that someone else made as that would have other things to worry about. 

I can say that I have never heard of any machinimatographer getting into trouble with Linden Lab as long as they did not violate the TOS or the machinima and snapshop policy (link above). 

That policy currently states and has pretty much forever -- that you need permission from any landowner where you are filming (unless it is Linden Land) and you need permission to film recognizable people.  This is pretty much what the rules are in the US for regular RL filming -- at least the group I was with always went by them.

 

It is considered "nice" to say "filmed in second life" or list the sims that allowed you to film on their land, but plenty of machinimatographers do not do that.  

 

Not many SL filming folks work for hire but that in itself is commercial and has certainly been allowed in the past. If you are really worried about this issue you might send a letter to Linden Lab. It is unlikely they will respond but then you will have at least tried.  

 

[shalimarq]

Thank you for your help, much appreciated.

 

About the attribution, I read earlier what the TOS says about that:

http://secondlife.com/corporate/brand/trademark/reference.php#audiovisual

so I was left wondering about the correct attribution. "in Second Life" or "in the Second Life World." According to the TOS I also shouldn't use trademark notice symbols, but the statement of trademark notice in the credits - since I am living outside the U.S.

 

Still, it does state IF you wish to make textual reference to a Linden Lab brand name...

[Perrie Juran]

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Chic Aeon wrote:

Not a lawyer so this is not legal advice.

You did however break the TOS by copying and pasting that line in from the

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

(up at the very top it says you may only LINK to the page).    You aren't the first  - LOL.

 

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Actually that statement is not what I would call factual or accurate.  It still does not negate "Fair Use."

 

What Is Fair Use?

In its most general sense, a fair use is any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work. Such uses can be done without permission from the copyright owner. In other words, fair use is a defense against a claim of copyright infringement. If your use qualifies as a fair use, then it would not be considered an illegal infringement......

So I do not see where or how it violated either the TOS or Copyright law to quote from the Wiki in the manner that we do despite what it says.

But of course LL can still terminate us for any or no reason at all at their own whim and fancy.  

 

eta:ianal