Question about copyright

[AgedRebel]

Hi there

Perhaps someone can clear this up for me.

I usually ask builders permission and inform them of my intent to use product in Machinima Production.Most are delighted and ask for a copy of the finished film and credits at the end of the film. No problem.

I own some Rockets that are really great and would make a very cool scene. I ask the builder for permission and she said: NO sorry , I don't want my builds to be used in machinima.

A bit hard to understand since the worst that could happen is that she sells some extra copys of it, But whatever..No she said!

I told this to a friend of mine that is a well respected Builder himself and even teaches classes for ppl that want to learn how to build and script etc.

He said: No way can she keep you from using it. If you bought it. you are the owner and you can do with it whatever you want.

Can someone clear this up for me please. Do I have to have permission to use or since I paid for it and am now the owner can I just go ahead and use it anyway , regardless whether the builder objects to it or not?

 

Your opinion please.

 

Thanx

[Perrie Juran]

Your friend is correct.

 

eta:disclaimer:ianal

[Griffin Ceawlin]

IANAL, either, but:

2.5 You also grant Linden Lab and other users of the Service 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 Inworld in any publicly accessible area of the Service, you hereby grant other users 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."

http://www.lindenlab.com/tos#tos2

[AgedRebel]

Thank you both.

I finally read the legal speak on machinima. Thanks for the link.

[Athena Mornington]

Just out of curiosity - regardless of what the TOS says - why are you asking permission (your words "I ask the builder for permission") if you intend to ignore the response if the creator says "no"?  A bit disingenuous imo.  If you are really looking for permission and they say no, then you should honor their wishes.

[Rhonda Huntress]

I don't know about AgedRebel but when I have done similar it was primarily intended to be a compliment to the creator.

 

Why does Weird Al always ask permission before he does a parody?   It's not like he needs it.  But it is courteous to ask and most people are flattered their work is being reused creatively.  From what admittedly little I have done, that seems to be the way most people take it.  As a compliment.  They are flattered to be asked and I enjoy making them feel good about themselves.

[Athena Mornington]

I agree with you Rhonda, many creators are flattered by the knowledge that their work will be used creatively in film or photography...my point, however, is:

In this case, AgedRebel is "informing" the creator of intended usage - perhaps it is to flatter them, could even be in hopes of getting something free in the future, who knows.  But he is not really "asking for permission" which means asking for authorization to do something, even if he wants to characterize it that way.  They are two different things.

If someone asks for permission to do something or to use something, the "courteous" response would be to honor that person's wishes, even if that means not using the item.  In this case, "asking for permission" resulted in a "no" - rare perhaps, but a "no" - to then fall back on TOS is insincere at best.

[Sin Ying]

I think there is a very big difference to using stuff you bought and doing a parody on a live person. In the latter case, or if I´d want to use a photo or movie that has people on it, of course it would be the right thing to ask them, beforehand, if that´s ok.

But the stuff the OP bought, it´s stuff, and it´s totally correct to use it however they want to, as long as it´s legal, and I find it overkill to ask permission for something like that. If I make something in RL too, and sell it to someone, they can eat it, film it, trash it, whatever, and neither would they have to ask nor would I expect to be asked for permission.

Telling them you used their great product, as a friendliness, maybe with a copy of or a link to the machinima, then, so they can feel flattered, would suffice completely IMHO.

But that´s just my 2 cents for how to deal with it generally, in this specific case, as you already asked and they said no, I´d find it incorrect to use it, and wouldn´t do it, even if you 'are in the right'.  

[Qwalyphi Korpov]

Well, the OP seems to have left the building.... so I'll try to explain what happened.

The OP thought they needed to have permission to use things in their video.  They usually asked for permission.  People usually said yes.   When a person recently said no the OP mentioned this to a friend who should know things.  The friend said 'You didn't ever need to ask for these permissions."  Then the OP came here to have that notion confirmed or denied.

They were never asking for permission just to be nice.  They were asking because they thought it was necessary.  When they were told it wasn't they felt no need to be bound by their previous misunderstandings.

[Freya Mokusei]

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jjccc Coronet wrote:

After making more than 910 crappy videos on youtube they obviously had ennough of me and hit me with 200 copyright violations in one day lol. I am now banned from youtube for moving moving my camera round second life,

putting it to other peoples music

and trying to make it look intersting. So be it DGAF

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I am genuinely shocked and surprised. Perhaps some of your videos (below) might not be original content after all?

Rod Stewart - In a Broken Dream

Burt Bacharach & Dusty Springfield - The Look of Love

Marilyn Manson - Fight Song

Deadmau5 - Some Hoards (Dillon Francis remix)

How to Destroy Angels - A Drowning

After you'd gone to such careful lengths to understand copyright law and respect other artists intellectual property, too.

[Perrie Juran]

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jjccc Coronet wrote:

Picasso said it is the roll of a great artist to create great art, but those who cant should steal the work of others and try and improve upon it. 

<snip>

 

---

But what happens when it isn't an improvement?

 

[AgedRebel]

Was wondering how long you where getting away with this.If you google for it you find a lot of royalty free music. And I mean a lot of it. Even Amazone has tons of free music.That way you are covered. Besides, music should accompany your visuals anyway.Happy shooting.