May pictures taken in SL be used in independent video game projects?

NOTE: I did a search through the forum here and didn't find any thread relating to this. If this has been answered in another thread, then I apologize ahead of time!

Hello! Verkhan Salamander here, a new resident to SL, but having played around with it enough to be familiar with a few things.

My question is simple, but something I'm afraid will hinder copyright issues: Could I take pictures in Second Life (SL), then use them in independent video game projects outside of SL? I'm talking like using a picture of an avatar in some medieval armor for an RPG made in RPG Maker XP, as an example.

I found in the SL Terms of Service (ToS) that the person who creates content in SL owns the copyright of the material, as stated here:

"3.2 You retain copyright and other intellectual property rights with respect to Content you create in Second Life, to the extent that you have such rights under applicable law. However, you must make certain representations and warranties, and provide certain license rights, forbearances and indemnification, to Linden Lab and to other users of Second Life."

The website for the ToS can be found here:
http://secondlife.com/corporate/tos.php

So, does this mean that I have the right to take pictures in SL and use them for independent video game projects?

My reading of that is ... If you're taking pics of other peoples work in these landscapes you'd have to ask each creators permission to do it as well as just LL themselves.

As for LL landscapes on their own, I guess LL created them and you'd have to ask them.

I saw a simaler post in "recent activity" and there is a good discussion on this going there. Which I have not figured out how to reply to... "sigh"


You need to contact LL legal dept.

@Ian Nider: Hrm...I figured that might be a problem, legally. I'm not sure if I want to make a profit off any video games I make using these pictures (i.e. releasing the game as freeware), though I'm guessing that wouldn't matter.

@Tarina Sewell: Can you post a weblink to that discussion?