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Trademarked/copyright question? |
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Wiggle Biggles
Second Life Resident
Join date: 18 Oct 2004
Posts: 645
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11-10-2004 11:24
Well, you dont have to be a corporation, because we definately arent, but ya, you need some reason to have them on the payroll and be able to afford it.
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Jonny Dusk
The ArtIst of War
Join date: 29 Sep 2004
Posts: 477
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11-10-2004 11:30
I know where your comin from Shadow!!!
I just wanted to make some cool stuff, to me, like Soundwave complete with "As you command Megatron", "Rumble, Frenzy, Ravage, Eeeeeeeject!", and my favorite Evangelion Unit 01, ya know. It's because of my childish admiration for such things that I wanted to "make" them and play, wheeeeee!!! But I sure as hell ain't got the cheese to get my socks sued off, and in no way want to jeapordize SL's existance. I don't know what to do  *Crawls into corner with deathgrip on Unit 01 action figure, fetal position, sucking thumb* |
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Pendari Lorentz
Senior Member
Join date: 5 Sep 2003
Posts: 4,372
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11-10-2004 11:34
I know the feeling Jonny. It is why I took down my porn gallery in SL. Now I do plan to reopen the gallery again, but I'll be working with images that I have approval to use.
 As SL grows larger, you will start to see others stepping away from using stuff that already has a copyright. More and more unique items are going to come in world and that is going to be an amazing thing!By the way. You could always build something *similar* to those things you want. Spoofs and such. There are ways to get similar items without resulting to copyright theft. _____________________
*hugs everyone*
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Shadow Weaver
Ancient
Join date: 13 Jan 2003
Posts: 2,808
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11-10-2004 11:36
I know Jonny, its a pain however even if inspired by an object or Item as long as you dont say...this is the >>>>>whatever it is. Then you wont have any problems as long as you create the textures use your own logo and build it with a moderate difference where it looks simlar but isnt totaly the same thing. You can be inspired by a design but you dont have to duplicate it.
Personally I am a Big Mechwarrior Fan and Robotech fan. A VF-1 Wasp would be so kewl in SL but so blatently copied..LOL Shadow _____________________
Everyone here is an adult. This ain't DisneyLand, and Mickey Mouse isn't going to swat you with a stick if you say "holy crapola."<Pathfinder Linden>
New Worlds new Adventures Formerly known as Jade Wolf my business name has now changed to Dragon Shadow. Im me in world for Locations of my apparrel Online Authorized Trademark Licensed Apparel http://www.cafepress.com/slvisions OR Visit The Website @ www.slvisions.com |
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Shadow Weaver
Ancient
Join date: 13 Jan 2003
Posts: 2,808
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11-10-2004 11:37
Pen has home porn pics woooo hooo count me in as a visitor...hehe.
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Everyone here is an adult. This ain't DisneyLand, and Mickey Mouse isn't going to swat you with a stick if you say "holy crapola."<Pathfinder Linden>
New Worlds new Adventures Formerly known as Jade Wolf my business name has now changed to Dragon Shadow. Im me in world for Locations of my apparrel Online Authorized Trademark Licensed Apparel http://www.cafepress.com/slvisions OR Visit The Website @ www.slvisions.com |
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Pendari Lorentz
Senior Member
Join date: 5 Sep 2003
Posts: 4,372
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11-10-2004 11:45
Pen has home porn pics woooo hooo count me in as a visitor...hehe. haha!! I said they would be pictures where I had approval to show them. My hubby won't approve of me sharing my porn pics of myself.  _____________________
*hugs everyone*
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Pendari Lorentz
Senior Member
Join date: 5 Sep 2003
Posts: 4,372
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11-10-2004 11:46
You know.. a post like mine above that starts a fresh page in the thread is like yelling SEX in someone's ear at a ballgame right when everyone goes deathly quiet! *blush*
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*hugs everyone*
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Shadow Weaver
Ancient
Join date: 13 Jan 2003
Posts: 2,808
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11-10-2004 11:47
Gee thanks Penn ruin it for the rest of us..LOL
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Everyone here is an adult. This ain't DisneyLand, and Mickey Mouse isn't going to swat you with a stick if you say "holy crapola."<Pathfinder Linden>
New Worlds new Adventures Formerly known as Jade Wolf my business name has now changed to Dragon Shadow. Im me in world for Locations of my apparrel Online Authorized Trademark Licensed Apparel http://www.cafepress.com/slvisions OR Visit The Website @ www.slvisions.com |
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Chris Altman
Leave the lights on!
Join date: 24 Sep 2004
Posts: 83
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11-10-2004 11:54
Ruined what? Pen has porn with permission of the owners of the images. That means it's probably good stuff, not this plastic barbiedoll stuff.
Location of the shop please?  Chris |
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Wiggle Biggles
Second Life Resident
Join date: 18 Oct 2004
Posts: 645
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11-10-2004 12:07
Lol you can get free samples of licensed porn off the net, plus a few hundred licensed pics arent that much.
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Chris Altman
Leave the lights on!
Join date: 24 Sep 2004
Posts: 83
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11-10-2004 12:15
Lol you can get free samples of licensed porn off the net, plus a few hundred licensed pics arent that much. Yeah, yeah. Who's ruining what now? The fact that it's Pen's selection makes it more appealing.  Chris |
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Atmos Kuroda
The Building Ninja
Join date: 1 Apr 2004
Posts: 71
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11-10-2004 12:27
No, copyrighted material from other countries don't apply in america.. QUOTE] Ohh double ignorance... think I'll do a double too  Universal Copyright Conventionas revised at Paris, 1971. The effective date for the United States is July 10, 1974. ___ edited to delete the ___/space between comment and link Umm, opps my bad? _____________________
Visit SL Anime Cosplay for all your anime needs!
Briarcliff Manor (180, 150) "Whatever happens, happens" |
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DoteDote Edison
Thinks Too Much
Join date: 6 Jun 2004
Posts: 790
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11-10-2004 14:03
#1 if its not filed with the copyright office with in 30days of creation and multiple copies of the orginal both digitaly and via print are not supplied the Person can sue but they will not recieve full benifits for the claim as it wasnt filed. #2 if its not filed with the copyright office where a legal search can readly obtain the information 9 times out of 10 it has to be a seriously Strong Case for a Lawyer to even consider it. As in most cases its very expensive to sue and if the case is lost most of the time the cost for legal fees is a detriment to the Sue'er than to the sued. #3 If it is on file the penalties are stiff US$25,000 per infringement. Thus if you sell 100 copies of something then that would be US$2.5 million. Not a pretty picture when you think about it. For the record, filing with the copyright office is no longer required. Filing WILL make it EASIER to prove infringement. But, if you have proof beyond doubt that a work is originally yours, and you spend the time and effort to prove it, despite not having filed, the penalties can be the same. That, "If it is on file the penalties are stiff," is not entirely accurate. Because the penalties may be just as stiff if it is not on file. As for recreating your transformers... Nowadays most patent/copyright applies to all media. This would include the virtual world of SL. The toy company could see your creation of their transformer as a threat because a person may choose to play with your virtual Transformer, rather than purchase a real-life model to play with. |
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DoteDote Edison
Thinks Too Much
Join date: 6 Jun 2004
Posts: 790
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11-10-2004 14:11
unless you are located in thailand Actually, even if you're located in thailand, the copyright is still enforceable since LL and the servers are based here in the US. Though, you wouldn't be at risk, your works in SL would be, and LL would have to delete them, possibly bouncing you along the way. And, I'd be surprised if your country hasn't signed the aforementioned Universal Copyright. |
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Centyr Neutra
Registered User
Join date: 25 Sep 2004
Posts: 6
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11-10-2004 14:42
Just clear up a misconception (among many) that keeps croping up, Copyright law and Trade Mark law are different, they are not one in the same.
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Centyr's Snowy Bliss, Tenney (41, 44)
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Merwan Marker
Booring...
Join date: 28 Jan 2004
Posts: 4,706
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11-10-2004 14:51
Yep I'm certain LL is concerned with the Copyright/Trademark & RT issues.
And now that LL has more serious venture capital invested, I'd guess the legal dept. is gonna grow as that capital is appropriated. _____________________
Don't Worry, Be Happy - Meher Baba
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Kats Kothari
Disturbingly Cute
Join date: 14 Aug 2003
Posts: 556
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11-10-2004 16:02
As someone who creates content, this is a topic that is very interesting to me. I make my own textures for the items that I create, but I do make items that are based on anime series and video games. From what I have gathered on the subject, as long as you don't claim to be the original creator of the characters, then it's less likely to be a violation. For example, I create a Moogle in SL prim by prim, but I have to state that it's original creator is Squarenix (creators/owners of Final Fantasy) and cannot take any credit for creating the character of a Moogle.
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Maker of many kawaii items: Dolls, huggable plushies, and purses with cute critters. Visit Kats' Kreatures for a better look and feel free to explore! =^_^= Kats' Kreatures Gualala (140,9) "The cat is cryptic, and close to strange things which men cannot see..." - H.P. Lovecraft |
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Jonny Dusk
The ArtIst of War
Join date: 29 Sep 2004
Posts: 477
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11-10-2004 16:22
I think that's it Kat!!!!!
Maybe wishfull thinking but like when I modeled Unit 01 and put it on my site as long as I put copyright Gainex blehblahbleh, I'm not claiming to be the originator of the work that I've reproduced, only thing here is that we sell these reproductions for profit so that's where I'm still not sure. And like the Optimus Prime I have, no logos on it, not an exact enough replica, and it's named Armored 3 I believe. I'm thinkin' we may get away with common sense here and unfortunately (maybe actually fortunately for us leagally) the modeling tools here make it almost impossible to exactly replicate such things as complex toys and such?! |
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Leilany LaFollette
Not old, just older
Join date: 11 Jan 2004
Posts: 686
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11-10-2004 17:12
I think that's it Kat!!!!! Maybe wishfull thinking but like when I modeled Unit 01 and put it on my site as long as I put copyright Gainex blehblahbleh, I'm not claiming to be the originator of the work that I've reproduced, only thing here is that we sell these reproductions for profit so that's where I'm still not sure. And like the Optimus Prime I have, no logos on it, not an exact enough replica, and it's named Armored 3 I believe. I'm thinkin' we may get away with common sense here and unfortunately (maybe actually fortunately for us leagally) the modeling tools here make it almost impossible to exactly replicate such things as complex toys and such?! Speaking from my own experience, you can't copy or use a product similar to one already owned by a third party, unless you have their consent. In other words, you shouldn't be selling *Nucci* bags with an *N* instead of a *G* and claim it's your own creation and therefore have the right to exploit it however you see fit, unless *Gucci* has given you permission to do so. If it is similar enough to make the general public associate it to a known, well established TM (yes, even if that TM is not registered in your country or in any country at all), it's grounds for a fight Leilany _____________________
Es el libertador. Es el océano, lejos, allá, en mi patria, que me espera...
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Centyr Neutra
Registered User
Join date: 25 Sep 2004
Posts: 6
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11-10-2004 21:23
As someone who creates content, this is a topic that is very interesting to me. I make my own textures for the items that I create, but I do make items that are based on anime series and video games. From what I have gathered on the subject, as long as you don't claim to be the original creator of the characters, then it's less likely to be a violation. For example, I create a Moogle in SL prim by prim, but I have to state that it's original creator is Squarenix (creators/owners of Final Fantasy) and cannot take any credit for creating the character of a Moogle. What you gathered is incorrect. It is really very very simple you can not reproduce a copyrighted item legally with out first getting the holders permission to do so unless your making a satire of it, for reviewing or journalstic purpose (then you are limted to only using what is required to make your point not the whole work), and Fair Use purposes. The only gray area is the Fair Use. It would be very hard to make a claim of fair use if you recreated something in second life to give to others for sale or for free. Trade Marks are a whole different story. _____________________
Centyr's Snowy Bliss, Tenney (41, 44)
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Carnildo Greenacre
Flight Engineer
Join date: 15 Nov 2003
Posts: 1,044
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11-11-2004 01:26
Right now, trademark violations are a bigger risk in SL than copyright violations. If a company becomes aware of a violation of a trademark they own, they must make a reasonable effort to stop the violation, or they lose use of the trademark. It doesn't matter who is doing the violation, or how much money the company can get from a lawsuit. Further, if it can be shown that the company should have known of the trademark violation, they can lose the trademark. So trademark owners tend to actively look for violations.
If a company becomes aware that a copyright it owns is being violated, ignoring the violation might make a later lawsuit a little harder to win, but there's no penalty for being unaware of a violation. _____________________
perl -le '$_ = 1; (1 x $_) !~ /^(11+)\1+$/ && print while $_++;'
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