Welcome to the Second Life Forums Archive

These forums are CLOSED. Please visit the new forums HERE

possible copyright violation

Dianne Mechanique
Back from the Dead
Join date: 28 Mar 2005
Posts: 2,648
10-02-2005 12:48
Just logging on and this was on the front page. I couldn't find out where on the Island the sale was happening, but isn't this totally illegal? These books are still in print.

Heck if this is allowed, I'm opening a book store! :)
_____________________
.
black
art furniture & classic clothing
===================
Black in Neufreistadt
Black @ ONE
Black @ www.SLBoutique.com


.
Torley Linden
Enlightenment!
Join date: 15 Sep 2004
Posts: 16,530
10-02-2005 12:51
I wonder what John Norman thinks of this.
_____________________
Eggy Lippmann
Wiktator
Join date: 1 May 2003
Posts: 7,939
10-02-2005 12:53
The DMCA protects LL from their users' infringement. LL will not do a thing unless the rights holder files a complaint.
Malachi Petunia
Gentle Miscreant
Join date: 21 Sep 2003
Posts: 3,414
10-02-2005 12:53
If you are the copyright holder of the items in questionor the holders agent, please follow the instructions at http://secondlife.com/corporate/dmca.php; otherwise, I hear there are some velvet paintings in nutellaberg that you might like to remove from thine eye before removing the mote from your neighbors'. WWUD?
Dianne Mechanique
Back from the Dead
Join date: 28 Mar 2005
Posts: 2,648
10-02-2005 13:06
From: Malachi Petunia
If you are the copyright holder of the items in questionor the holders agent, please follow the instructions at http://secondlife.com/corporate/dmca.php; otherwise, I hear there are some velvet paintings in nutellaberg that you might like to remove from thine eye before removing the mote from your neighbors'. WWUD?
Ah, :)

I'm working on that actually.

They are purchaseable (but not advertised for sale), for the upload price the same as these GOR books for now, but the situation is a bit different as the majority of the velvet paintings are not for sale in RL at all. A lot of them were done by anonymous workers in factory settings who never got credit for their work.

I love black velvet art because its so wonderfully ugly, and my intent was merely to make them available to SL users. The GOR books are still for sale in bookstores and thus not really that hard to get at all, whereas it's unlikely that the two or three practicing velvet artists will ever come to SL to make their work available. I would also argue that the paintings are true SL objects intended for use in SL. The books on the other hand, if they are what they appear to be, are just a way of using SL to distribute copyright material, much like a file sharing service. No one is going to take my 128 pixel rendition of a lost velvet work and print it out for use on thier wall at home.

I have been trying to get a hold of the junkyard dealer (Yanni? Yadni?), to get them in as freebies, but I haven't been able to find him (her?). My problem is I just wanted to make the works available in SL, but folks always try to re-sell them at huge prices.

My desire is to package them up for free, but the only way to avoid the yard sale problem is to make them non-transferable. I thought therefore to make them available for free at the biggest location of frebie items, i.e. the junkyard. It's the only fair solution I could think of that still leaves the copyright control in my hands and leaves all the re-sell shysters out in the cold.
_____________________
.
black
art furniture & classic clothing
===================
Black in Neufreistadt
Black @ ONE
Black @ www.SLBoutique.com


.
Dianne Mechanique
Back from the Dead
Join date: 28 Mar 2005
Posts: 2,648
10-02-2005 13:14
From: Torley Torgeson
I wonder what John Norman thinks of this.
Considering the huge amount of Goreans in SL, he may not care. :)
_____________________
.
black
art furniture & classic clothing
===================
Black in Neufreistadt
Black @ ONE
Black @ www.SLBoutique.com


.
Torley Linden
Enlightenment!
Join date: 15 Sep 2004
Posts: 16,530
10-02-2005 13:21
From: Dianne Mechanique
Considering the huge amount of Goreans in SL, he may not care. :)


Or maybe not aware... yet.

Wonder what Lucasfilm will do when they see all the Star Wars stuff here (given their legal history).
_____________________
Schwanson Schlegel
SL's Tokin' Villain
Join date: 15 Nov 2003
Posts: 2,721
10-02-2005 13:23
From: Torley Torgeson

Wonder what Lucasfilm will do when they see all the Star Wars stuff here (given their legal history).


They will probably bring in the RL legal version of the Deathstar....
_____________________
Dianne Mechanique
Back from the Dead
Join date: 28 Mar 2005
Posts: 2,648
10-02-2005 13:44
From: Schwanson Schlegel
They will probably bring in the RL legal version of the Deathstar....
If they are coming in intending to sell their own stuff though, they might just concentrate on establishing their own brand and either ignore the stuff made previously or perhaps even hire the creators, as a sort of good-will gesture.

The conflict there would only begin if someone continued to sell the old "unapproved"' stuff then.
_____________________
.
black
art furniture & classic clothing
===================
Black in Neufreistadt
Black @ ONE
Black @ www.SLBoutique.com


.
Daz Honey
Fine, Fine Artist
Join date: 27 Jun 2005
Posts: 599
10-02-2005 13:49
I think we wriggle around the legal issue by seeing this SL platform as akin to Andy Worhols soup cans, an homage to what is real made into a digital artform.the fact that we can sell things is just a bonus, Andy sold his pop art for lots of money.
_____________________
All children are artists. The problem is how to remain an artist once he grows up. - Pablo Picasso
Aaron Levy
Medicated Lately?
Join date: 3 Jun 2004
Posts: 2,147
10-02-2005 13:58
From: Dianne Mechanique
They are purchaseable (but not advertised for sale), for the upload price


For sell at the upload price of L$10? The moment you sell a second one you're into 100% profit.
Joseph Proudfoot
Proud Tsalagi
Join date: 2 Sep 2004
Posts: 234
10-02-2005 13:58
From: Torley Torgeson
Or maybe not aware... yet.

Wonder what Lucasfilm will do when they see all the Star Wars stuff here (given their legal history).


Well, I asked Uncle George about this, and his response, and I quote "huh?"
_____________________
If you truly love someone, love them enough to let them go.

I will miss you.

Which wolf are we feeding today?

"Crime is a smudge on the face of our world, and I, my friend, I am the wet nap of justice!!" Something the Tick should have said.

"I had the right to remain silent, I just didn't have the ability" Ron White
Ulrika Zugzwang
Magnanimous in Victory
Join date: 10 Jun 2004
Posts: 6,382
10-02-2005 14:34
From: Dianne Mechanique
Considering the huge amount of Goreans in SL, he may not care. :)
Goreans? *shiver*

~Ulrika~
_____________________
Chik-chik-chika-ahh
Joseph Proudfoot
Proud Tsalagi
Join date: 2 Sep 2004
Posts: 234
10-02-2005 14:57
From: Ulrika Zugzwang
Goreans? *shiver*

~Ulrika~


does that turn you on? How YOU doin'? ;)
_____________________
If you truly love someone, love them enough to let them go.

I will miss you.

Which wolf are we feeding today?

"Crime is a smudge on the face of our world, and I, my friend, I am the wet nap of justice!!" Something the Tick should have said.

"I had the right to remain silent, I just didn't have the ability" Ron White
Ulrika Zugzwang
Magnanimous in Victory
Join date: 10 Jun 2004
Posts: 6,382
10-02-2005 15:02
From: Aaron Levy
For sell at the upload price of L$10? The moment you sell a second one you're into 100% profit.
At L$10 per velvet painting she would have to sell over 5000 copies before the copyright holder would even think about calling a lawyer (assuming US$150/hour). Given that these are virtual copies traded for virtual micropayments, I think the owners should look at it as free advertising myself. I mean, it's not like virtual velvet paintings will ever cut into the real velvet painting sales.

Books on the other hand, those are a bit different.

~Ulrika~
_____________________
Chik-chik-chika-ahh
Cristiano Midnight
Evil Snapshot Baron
Join date: 17 May 2003
Posts: 8,616
10-02-2005 15:07
From: Ulrika Zugzwang
Goreans? *shiver*

~Ulrika~


Uh oh :)
_____________________
Cristiano


ANOmations - huge selection of high quality, low priced animations all $100L or less.

~SLUniverse.com~ SL's oldest and largest community site, featuring Snapzilla image sharing, forums, and much more.

Beau Perkins
Second Life Resident.
Join date: 25 Dec 2003
Posts: 1,061
10-02-2005 15:08
Why do I have a feeling this is for the sale of a image and not the actual books?
_____________________
Dianne Mechanique
Back from the Dead
Join date: 28 Mar 2005
Posts: 2,648
10-02-2005 18:10
From: Ulrika Zugzwang
At L$10 per velvet painting she would have to sell over 5000 copies before the copyright holder would even think about calling a lawyer (assuming US$150/hour). Given that these are virtual copies traded for virtual micropayments, I think the owners should look at it as free advertising myself. I mean, it's not like virtual velvet paintings will ever cut into the real velvet painting sales.

Books on the other hand, those are a bit different.

~Ulrika~
Actually costs me something more than 10 Lindens per item in that I am such a novice with the uploading and was even worse when I made most of them. I had to upload quite a few several times.

Finding the images, making frames etc. all takes time and typically between 15 minutes and a half hour in photoshop for each one depending on how screwed up the source material is. Times about 25 or 30 items that's a lot of time. Some of them have also have notes in them with information about the artist if I could find any.

They are basically just for laughs which is why they will soon be free. I thought that if I *did* get anything back for them, that it would not be unfair considering the amount of work I put in.

The whole thing is academic though since I have never sold a single one. :)
_____________________
.
black
art furniture & classic clothing
===================
Black in Neufreistadt
Black @ ONE
Black @ www.SLBoutique.com


.
Ulrika Zugzwang
Magnanimous in Victory
Join date: 10 Jun 2004
Posts: 6,382
10-02-2005 18:23
From: Dianne Mechanique
They are basically just for laughs which is why they will soon be free. I thought that if I *did* get anything back for them, that it would not be unfair considering the amount of work I put in.
I wouldn't do that. You have overhead, such as your land-use fee and premium membership fee. Sell your wares. You're hurting no one and allowing others to see the art for their first time.

From: someone
The whole thing is academic though since I have never sold a single one. :)
Next time I'm in world, I'm going to your shop and buying ten copies of each. It'll help pay for that smashing new shop you've built. The textures are amazing. :)

~Ulrika~
_____________________
Chik-chik-chika-ahh
Ardith Mifflin
Mecha Fiend
Join date: 5 Jun 2004
Posts: 1,416
10-02-2005 18:52
From: Ulrika Zugzwang
At L$10 per velvet painting she would have to sell over 5000 copies before the copyright holder would even think about calling a lawyer (assuming US$150/hour).


Incorrect: http://www.wired.com/news/mac/0,2125,68967,00.html?tw=wn_story_top5
Almarea Lumiere
Registered User
Join date: 6 May 2004
Posts: 258
10-02-2005 19:01
From: Dianne Mechanique
They are purchaseable (but not advertised for sale), for the upload price the same as these GOR books for now, but the situation is a bit different as the majority of the velvet paintings are not for sale in RL at all. A lot of them were done by anonymous workers in factory settings who never got credit for their work.

I love black velvet art because its so wonderfully ugly, and my intent was merely to make them available to SL users. The GOR books are still for sale in bookstores and thus not really that hard to get at all, whereas it's unlikely that the two or three practicing velvet artists will ever come to SL to make their work available. I would also argue that the paintings are true SL objects intended for use in SL. The books on the other hand, if they are what they appear to be, are just a way of using SL to distribute copyright material, much like a file sharing service. No one is going to take my 128 pixel rendition of a lost velvet work and print it out for use on thier wall at home.


I have yet to find an artist who thinks that this sort of thing is okay. These are the same sort of justifications people always use to violate copyright (including the defense that since you didn't get any significant money for it, issues of copyright violation don't apply).

Here are some quotes from the FAQs of artists web sites:

==snip==

Boris Vallejo:

All of our images are copyrighted around the world. Any unauthorized use of any of our images for any purpose whatsoever is not only unethical but also against the law. Do not do it.

H.R. Giger:

Unless you can find a link from www.HRGiger.com to those websites, they have been posted in total disregard of Giger’s own wishes ... in direct violation of Giger’s copyright.

Sue Dawe:

The images contained in these pages are the exclusive copyright of Sue Dawe. These images are low resolution scans, intended for use in this website only, and strictly for purposes of allowing viewers a chance to view her vast body of work. Any copying or downloading of these images is a clear and deliberate violation of that copyright.

Michael Whelan (whose work I know you can find in SL) explains his position in detail:

Michael does not authorize free use of his images on either commercial or non-commercial web-sites ... Michael can not ensure quality reproduction of his work on any site besides michaelwhelan.com. Scans found at other sites are more often than not inferior in quality [sharpness, color, etc]. As an artist, every presentation of his artwork reflects on his craft.

==snip==

Say you don't believe that artists should have the right to control where and under what circumstances their work should be seen; or say you are only concerned about legal liability; but saying that you think the artists probably wouldn't mind seems to be buying into the ethical issue, and then dismissing it as relatively insignificant (in the face of the difficulty of getting in touch with the artist).
Cristiano Midnight
Evil Snapshot Baron
Join date: 17 May 2003
Posts: 8,616
10-02-2005 19:03
I am sorely disappointed. I hoped this thread would devolve into Ulrika vs. the Goreans.
_____________________
Cristiano


ANOmations - huge selection of high quality, low priced animations all $100L or less.

~SLUniverse.com~ SL's oldest and largest community site, featuring Snapzilla image sharing, forums, and much more.

Ulrika Zugzwang
Magnanimous in Victory
Join date: 10 Jun 2004
Posts: 6,382
10-02-2005 19:14
From: Almarea Lumiere
I have yet to find an artist who thinks that this sort of thing is okay.
I'm an artist and I think it's OK. That has been your contrary anecdotal evidence for the day. ;)

~Ulrika~
_____________________
Chik-chik-chika-ahh
Ulrika Zugzwang
Magnanimous in Victory
Join date: 10 Jun 2004
Posts: 6,382
10-02-2005 19:18
From: Cristiano Midnight
I am sorely disappointed. I hoped this thread would devolve into Ulrika vs. the Goreans.
Goreans. *shiver*

I pity anyone who bases their life on the selective readings of a science fiction novel. They're like kids who talk Klingon except with sex toys.

~Ulrika~
_____________________
Chik-chik-chika-ahh
Malachi Petunia
Gentle Miscreant
Join date: 21 Sep 2003
Posts: 3,414
10-02-2005 19:19
From: Dianne Mechanique
...The whole thing is academic though since I have never sold a single one. :)
There is a player whose inventory would disagree.
1 2 3 4