Legal FAQ

I was wondering if anyone would be interested in pooling our knowledge and putting one together.

Seems to me that obviously although we couldn't be granting real legal advise we could together pool enough knowledge about SL and waivers and such to have a decent place to start for people planning on selling their machinima commercially.

This stems from the problems I have been having with my company Robo Studios in locating a good start. There are many different people saying many different things about the legal ramifications in SL. Weekly I come across questions about land release, copyright release, concerns with use of avatar's etc.

Just wondering what others think.

3 questions I hear the most-
Why do you need a land release to film on my property?
Dont you need a release from all of the different avatars?
Why would you need my real name on a release form and isn't me saying yes in chat good enough?

I was just wondering, maybe I am the only one with this problem, but there doesn't seem to be much help right now from our low priced attorney and as an independent studio, this seems like a better resource then pouring thousands into a big attorney.

Are you saying you've come across those questions before, and never been able to get a clear answer? I'm actually starting to run into those exact issues myself so I'd definately be interested to know the answers.

I have come across some clear answers and some areas where there are still massive questions.

I guess what I am saying is that there isn't any consolidated information available for Machinima makers and if there was enough interest we should put something together for everyone.

I'd have to guess that if there is no "Law on the books" about the land issues, then the owners have no right to prevent you from filming on their land, outside of just keeping you out.

I'd be pretty curious what the parties think they can actually do to prevent you though.

My personal feeling is that the more real world beurocracy that people force into SL the less fun it will become.

I'd add though that I think if someone doesn't want you to film you should honor their wishes as a courtesy.

The thing is, there are "laws on the books" -- intellectual property rights laws in the real world. Since SL residents own the IP rights to everything they create, they can sue you in real world courts for real world judgments, and file real world criminal charges, if you infringe their IP rights. The "prevention" lies in the threat of legal consequences.

Andres, yes, I'm very interested in helping to create and making available some FAQs for machinima makers. Number one on the list should be: You need a license to use any portion of copyrighted music in any video, and then explain what a synchronization license is and where to get licensed music.

As to the need to get releases for filming in SL, it would be helpful to describe how to distinguish among productions made solely for use in-world, those made for commercial purposes and noncommercial projects, as the requirements may differ. Distinction should also be made between copyrights and publicity/privacy rights and trademarks. It would also be nice to have a list of persons/places/things for which one should obtain a release before filming, and to look at the kinds of releases typically obtained in RL filming and see how those apply to SL.

For example, when shooting on location in RL, one needs the permission of the property owner. To capture footage of a person, the filmmaker needs a model release, permitting the use of the person's image/voice/name in the film. To use pre-existing music in a video, one needs a synchronization license.

The fact that SL residents own IP rights to EVERYTHING they create raises additional questions that generally do not come up in RL. In RL, outside of Hollywood, producers may get a release from a person, but not from the maker of the clothes he is wearing or from the hairdresser who styled his hair. Does that apply in SL? Or, if I film my avatar wearing clothing that I bought (which now lists me as the "owner" but the clothing was created by someone else (listed as the creator), do I need to get the creator's permission to have the clothing appear in my film? Does it matter what "permissions" the clothing came with (copy, modify, transfer)? What about furniture, vehicles, poses, animations, gestures, trees, waves, shoes, pavements, landscapes, tables, chairs etc. etc. etc.? No films would ever be made in SL if producers had to get releases for all things that might appear in the scene. Where is it reasonable -- legal? -- to draw the line? Does it make sense to campaign for a clarification in the Terms of Service regarding these issues?

Yes, let's figure out how to get together with a Linden and discuss some of these sticky issues.

I don't know about that... Does taking a picture of a virtual object costitute "copying" it? Basic logic would say no.

In other worlds the RL property rights issues that require you to get a release have nothing to do with copyright law, but with other laws having to do with privacy and property.

Basic logic is not known for being a driving force in legal cases, especially in American law (basic logic says if you trip on the footpath you're clumsy and should get over it, legal case law says otherwise).

However, I think the point you're missing is that you're not "taking a picture of a virtual object" you're copying a digital image in a digital format. How can that NOT be considered copying? And even so it's the design itself that is covered by IP. Case in point. The lighting arrangement of the Eiffel Tower has been copyrighted. Thus any publication of photographs of the Eiffel Tower since then are subject to IP and Copyright law.

It's a very grey area. These sort of laws are often contradictory and remain so until someone has the will and the money to take something through to court. Even then it's far from conclusive. Music industry lawyers are more than happy to sue 12 year olds because they know they can't afford the legal fees. Though people like Tanya Andersen and Patricia Santangelo are proving that it's not an all win situation.

I've been asked to do an article about this thread and its issues for Second Life Business Magazine. Please get in touch with me and tell me what you know. I have no experience in Machinima but have been studying the IP legal issues since July or so for reasons of my own and for SLBM.