Who's responsible for the copyright violation?

Ok so I bought a Mickey Mouse avatar and everyone is asking me if I've been sued yet. Who is liable for copyright violations? The person who created the product or the one that purchased it?

Will saying "you are" reduce the number of Disney avatars that I might see?

another lolsuit in the offing.

The person who gained financially by the selling of the product.

Lol the designer already said he's making a mini mouse, can't wait to get that one

You both are in violation of copyright, but the seller is the one more likely to have a problem. That said, if anything is done, it would probably come in the form of a boiler plate C&D letter from Disney possibly followed by a DMCA take down removal of the avatar.

[X] wrong.

just cuz you didnt 'gain' anything doesnt make it less of a crime.

You knowingly purchased it and knew it was illegal, so both you and the seller are theifs

How would I know if he had bought rights to use the image or not? Am I supposed to ask to see proof for everything I buy?

This is the same argument I use when I download torrents of movies. Afterall, I don't pay to watch movies when they're shown on TV. No one has ever been convinced by it though.

When the Disney ninjas come in the night, you will know.

How would I know if he had bought rights to use the image or not? Am I supposed to ask to see proof for everything I buy?

It's like buying textures, how do I know if that person created that image or not?

You are supposed to know because Disney as a rule doesn't license their stuff to anyone. They even sued a daycare at one time for having Mickey painted on the wall.

Marianne is right, the person who gained financially...although if you knew you were purchasing something that was in violation of copyrights then that brings you into it.

Of course you always assume the person has documentation to support they are authorized by Disney to replicate the character, right? Just play dumb when the feds come after you!

To be honest, I am in a difficult position here - I am quite happy to see you or anyone else violate Disney's copyright as much as possible, and would applaud it in fact, given their ridiculous exploitation of the US system. On the other hand I really do not want to see any of their rubbish on the grid. So. Hm.

You don't know. But if you use unlicensed material, the most likely outcome is that you will receive a DMCA removal notice through Linden Lab, the item might be removed from your inventory, and that's it (if it even goes that far). The seller, OTOH, is taking the larger risk.

It's similar to what the RIAA is doing with mp3 lawsuits. They are suing uploaders (e.g. providers) of material rather than downloaders. It is illegal to possess the downloads, but the resources are usually spent going after the providers of infringed material.

I'm supposed to know every companies copyright rules? Painting something on a wall is creation, I bought what someone else did.

I don't see the relevance. If I take something illegaly and sell it I can see how I would be responsible. However, the person who bought it is supposed to somehow know I'm a crook?

I'd say that the liability belongs with the person who made and sells the Disney product since you as a buyer aren't in a position to know if they have a legial arrangement with the IP owner. That's just being technical though since I doubt there's anyone in SL who'd honestly think for a second that it was being done with Disney's blessing. If anyone from LL comes across where they're being sold they'll remove it whether or not Disney ever finds out about it. They're about the last people in the world you want to mess with when it comes to copyrights.

Keep it, wear it have fun. If you get a cease and desist or you hear of the creater getting hammered, then stop wearing it.

If your worried, don't wear it. If you want the Minnie Mouse, buy it and keep it but again, don't wear it.

And as for downloading music, it is not illeagle to download music. You are not breaking any laws. Uploading is breaking copyright laws. Once you have been made aware that what you downloaded is in fact pirated, you must cease to use it.

So, when the maker gets busted, quit wearing Mickey. Legally your fine. Whether or not it is ethical is not my place to judge.

In the United States, it's irrelevant. Ignorance is not a defense under U.S. copyright law. Outside the U.S. however, many countries have ignorance defenses in which case it becomes a question of fact as to whether you know or should have known that the person you bought it from was not a licensee of Disney. It's somewhat of a moot point however because as a practical matter most copyright holders are not going to go after the buyer. I doubt Disney would even care about the the sellers here in SL nor would Marvel comics care that there are dozens if not hundreds of superhero avatars for sale in SL for which it owns copyright or George Lucas care about the Star Wars avatars and paraphernilia for sale in SL etc.

Umm, I dissagree. Disney cares. Thay have a history of strongarming the little guy in order to agressivly protect their trademarks. They love cases they know they can win and they go after those who can not afford a battle.

Also, for those that remember the original napster and it's demise; no one ever was arrested for downloading songs. It was the uploaders they went after. Those are the ones that broke the copyright laws. The most they can do with the downloaded versions is to sieze them. Good luck on that. No, you are not breaking any laws by owning Mickey Mouse AV. If it is proven to be an infringment, you can not keep it however. For now, it's yours. You will not get in any trouble for wearing it. However, the more you wear it the more likely the creator will.

now I wonder where this would go if someone were to argue that selling for lindens is not making any money, being that lindens are (as they themselves said) not money...

(I know one can exchange it for money... however one could argue that they only use what they earn in world, for in world stuff)

would be an interesting arguement LOL
(not one I wish to have though)

not true, the RIAA can hit you with a $75,000 minimum fine for downloading music. mostly they hit old people and children because pirates know how to mask their identity and not get caught.

http://www.rollingstone.com/news/story/7380412/riaa_will_keep_on_suing

now granted they are suing people far less often now then 3 years ago but the laws are still on the books. anyone who thinks Disney is more merciful then the RIAA is a fool.

[X} WRONG

Just because you violated a company's license to reproduce a likeness, doesn't make it a CRIME..

Copyright Infringement is not a crime, it's an infringement on a right, to copy. There's a better word for this, but I just woke up and can't think of it. Something about "Tort" or something? I'm sure someone else can clear this up.

But Copyright Infringement is not a CRIMINAL offense. It's a Civil matter.