Intellectual Property Rights

I emailed the London Portrait Gallery to seek clearance for using the images from their works.

I had heard the copyright is an issue and that I wanted permission to avoid any conflict further down the track.

Their Response:

This is an interesting idea, but I'm afraid we cannot licence our images for use on Second Life due to the terms and conditions they demand you agree to, as follows (copied from http://secondlife.com/corporate/tos.php):


Basically, this would allow Second Life to freely use our images in marketing and promotional material for Linden Lab, in perpetuity (and this is something we cannot agree to). For the same reasons, we do not licence images for use on Wikipedia, Facebook or other similar sites.

I'm sorry we are unable to help in this instance.

So I ask myself, do I continue anyway or does this response kill an idea I had for SL? So given their response are most breaking copyright laws in keeping their SL businesses going?

Your thoughts would be appreciated.

LadyBeverley

the way i understand it is this:

Any material created in Second Life or uploaded into Second Life is their virtual property to be used as they see fit.

This would include them being able to snap shot your sim or store or avatar and use it on their website as an advertisement for Linden Labs.

Therefore..if you received permission to use artwork(im assuming its a non profit use)..they'd be willing to give permission to you..but not to second life.(mainly because seconds life possible use wouldn't be non profit))

~Lana Tomba

LadyBeverley,

My advice would be NOT to go ahead.

You asked for their permission, and they declined it, not capriciously, but with a good and valid reason. To go ahead after asking and being told no wouldn't be right, in my opinion.

Unless you can obtain images of the paintings from another source....

A gallery can't copyright a 400 year old work of art - only the artist can do that and it only lasts for 70 (I think?) years after his death. They can however copyright their recording of that work of art - ie the images on their website. If you can find an alternative source for images who will give you permission then you have no problem.

I think.....

I'm no expert however

No, that's not actually true. Linden Labs allow you to retain your own IP rights on all material uploaded to SL - this is a unique property of SL.

But they do specify a few caveats - which are, basically, that if they take a snapshot of SL and use it in a brochure, you can't sue them if your content appeared in the image. Likewise, you can't sue them for the copies they make in the process of backing up or testing SL.

There have been some other doubts about this too. One famous case was when a griefer snapped some pictures of Anshe Chung being griefed, and Anshe claimed that she could sue him on the grounds that her avatar's appearance was her intellectual property which he wasn't permitted to reproduce. I don't think that the lawsuit ever happened though, which is probably good, as it would have created a huge mess for anyone making examples of SL.

It's perfectly true that many SL businesses are selling copyright infringing material. Unfortunately, I really wouldn't do it yourself, because now that you've asked and explicitly been told no, in a court case you can't argue that you didn't know you weren't supposed to.

Unfortunately, existing copyright laws can make it a good thing to violate someone else's copyright. Suppose that Business A sells some Star Wars branded weapons illegally, business B sells similar sci-fi weapons without the illegal branding. Business A benefits. Then Business A gets a cease and desist from LucasArts and rebrands its products, but continues having the word-of-mouth benefit it got from the earlier trading. Business B has no legal recourse, even though arguably it has lost out as a result of Business A's copyright infringement.

Absolutely not. The answer they gave is pretty clear, you do not have the rights to "continue anyway".



Most what? I certainly don't use other people's copyrighted images and textures in my SL business, and I would suspect most other SL businesses do not either. Perhaps there are some niche businesses where that is common, but I do not think it's the most common case at all.

I would commend you for asking permission, but then you ask if you should continue when you are denied the permission, seems odd to even ask.

If you were looking to create a version of the London Portrait Gallery for SL, why not get back to them and offer to co-develop it? They would be responsible for image selection and branding, and you would create the build?

I think this may be your only option, as their feedback to you was quite clear. And, truly, much of the art on display there is iconic ... they may feel that 1024x1024 reproductions would do their museum no favors.

Note that SL's Louvre Museum displays art that was created within SL, not selections from the RL Louvre.
.

Yes but they can copyright the images that they have created of the artwork. And you were close on the time -- it's 75 years after the artists death. which, interestingly enough, I believe there was a hullaballoo over 'Happy Birthday' just recently and its longevity -- I could be off on that one though.


CC

Excellent idea.

~Lana Tomba

there's an old addage: it is always easier to ask forgiveness, than permission.

Once you have ASKED for permission, and it has been denied, you are legally culpable for ANY damages. Meaning if you sell ONE of their images, and they take you to court, you're sunk. They will hold up your letter (email whatever) and show the judge that you were AWARE that what you were doing was a violation of copyright. You asked for permission, and you were told in no uncertain terms, "No Freaking Way".

If you hadn't asked, the onus would first have been on them to send you a "Cease and Desist" notification. (at least that's how it used to work). The fact that you have already asked permission, means that your are already "on the hook" for any damages from the day you received their response.

So, short version... find another business to be in.