TOS Change to copywrite Rules

I would like to suggest a change in the TOS for Private Sim owners. Right now the rules are that while you are the copywrite owner of the items you create, Anyone can take photos of your items and publish them anyway they like as long as the published item is used to promote Second Life. I feel that when you deal with a public Sim taking photos for publication is somewhat ok but I think it still is volition to not ask the owner of the item permission first. When it comes to privately owned Sims I think there should be different rules, since it is a private location the owner of the island should be asked for permission before any photos of the Sim can be used for publication. Linden Labs say that if the promotion is under there control they will remove the pictures but what if they are not in control, there is no way to then stop people from using your images against your will. I think there should be more protection to keep people from trespassing in a private area and taking photos and letting them be able to publish it for commercial purposes.
I recently found a German magazine has published photos of my private island and gave out its name and location which was done against my will and there is nothing I can do about it under the current TOS agreement. It is just not right.

I agree here, I didn't realise it wasn't like this already, for private islands/land anyway. ie - any area that can be reasonably assumed to be 'private', such as the insides of a skybox with a security system or "NO ENTRY" signs or locked doors etc.

As for public though, it makes for some areas with potential for trouble. If author's permission is required to take a picture of ANY item, then how can I take a snapshot of my friend wearing vendor X's avatar? Do I need that vendor's permission to output the photo? Perhaps if there were exceptions that the OWNER of the purchased item may give permission, but there's likely other small issues that could remain here.

One thing to remember taking a photo for personal use VS commercial use are 2 different things. Out in a public event a photo of you might get taken and published in a news paper or a magazine or might be seen on the news and under the law it is ok. But let’s say you are in a private home and you take a picture of your friend that is ok but if I go into your home and take a photo and use the photo for commercial use I can get sued for not having the person’s permission such as a model release.
In short I’m not saying rules should be changed for public areas but they should be changed for private islands since they are privately owned. Image you buy an island and make it nice looking and you want to keep it private to your friends and yourself and the next thing you know some magazine has it published telling everyone where it is and showing photos of it. You would be outraged.
The problem I face is that a German boy scout magazine published my island, with photos and teleport information, So now a bunch of people I don’t want at my island now know about it, Since they are RL scouts they are not even old enough to be in SL, so now I have to expect I will be dealing with a bunch of under age kids coming to SL to see the location but worst of all is that I never published the SIM as I didn’t want a lot of people coming here to start off with. It is as if all rights of ownership where tossed out the window due to the TOS as it is. I just think that if an area is a private area the TOS should protect the rights of the land owner and not violator of ones privacy rights.

If it was really private (access to only a group or specific access list) they they couldn't have gotten those photos.

You did not use your sim admin tools, and left it public. Therefore it was a public island when pictured, not private.

A person on the access list could have taken the photos and decided to use them for a commercial purpose without consent of the owner. The change in the TOS would say as long as the land in privately owned and not on a public server such as the main grid, the copywrite of items on the privately owned Sim would be protected against publication for commercial purposes. We also need to remember that Lindens can go anyplace even to a Sim that is locked down, There is nothing stopping them from going to your island and taking pictures and using it for a Second Life promotion under the current TOS, they would only remove your photos from there promotion if you write to them and tell them you don’t want it used which by that time the damage will already be done.

Ahhhhhh The Germanssss

People keep using that word "private" which is as much a linguistic error as saying "I own land in SL". Unfortunately LL encourages these misuses of language, thus the subsequent confusion.

A private island isn't private; owned land is neither owned nor land.

And to re-iterate Petunia's Postulate (recently upgraded from a Conjecture), as soon as an SL thread begins talking about RL legal remedies, useful discussion has ended.

So.. take them off the access list. Obviously not trustable if they didn't ask you. Simple enough.

Well let's look at it this way, If I take a real world item and duplicate it in SL and I do not own the copywrite or have legal right's to use the copywrite then I can get get in big trouble, either lindens will force me to remove the item and perhaps take action against me for using it and or have it ending up in court with a law suite by the copywrite holder. Why should outside rl copywrite be protected but in game copywrite not be protected? you cant have one without the other. Either copywrite is or it isnt protected. My view for the feature change is provide a copywrite holder in SL the protection from a 3rd party using your copywrite for RL commerical purposes without having concsent to do so.
Let's say you make a Role Playing Sim and some movie producer happens to visit your Sim and loves it then makes a movie baised on your Sim, They can take the whole design and duplicate it 100% of what you have, then can then say in the credits baised on a world located in Second Life. You wont even be able to do anything about it because under the current TOS the 3rd party can use your copywrite at no cost.
I can understand that Linden Labs wants the rights to use your copywrite and I dont have a problem with that, I do have a problem with a 3rd party having that right.