snapshot copyright

OK, I undertand that residents own the intellectual property inherent in their SL creations, but what if I take a snapshot of their creations? Does the snapshot and its copyright belong to me?

Where can I get a definitive official answer to this?

A publisher in RL wants to use my SL images but is concerned about the legal issues and will not publish my images until he is 100% sure that it's ok to use the pics.

I'm no expert, by any means, but I would imagine the rules in SL are the same as in RL. In RL, you own the copyright of any photos you have taken. As to wether you can publish those photos, I *think* you're fine (unless they're photos of people/avatars - in which case you sometimes need permission - depending on the situation). If they're just photos/snapshots of objects that are in public places I don't imagine there would be any problem with that. And anyway, the owners/creators of these objects would probably welcome the publicity - though it would be best if you ackonwledge somehow the creators and ask permission where possible. As far as I understand it, even if permission is refused, if the objects are in public places the copyright for the image is yours.

Any experts out there who could clarify this?

I believe, because second life is a digital media platform, it would be similar to creating a peice of "artwork" in photoshop, therefor taking a picture of it would require a release form from the object owner, similar to a model release form probably. I work with RL photography but am not an expect on every form of copyright, so you can take this with a grain of salt if you like. Either way, the morally correct thing to do would be to always try and get the object creators permission first :}.

As all pictures I make in SL are exported out IRL and redone to become a piece of art,,,- using Photoshop and my creative skills.. - in Photoshop I AD creative value to every pic I publish from inside SL.. IF I publish them in SL or IRL dosent matter they are all MINE...

Thats the copyright law...

That will make it clear that I OWN the Imagines.

Its the same IRL.. the one that pushes the buttom own the imagine.

BUT IF you use the pics in advertising you must of course get an agreement of people in the pic.. In this special case I dont know.. the laws about publishing an ava.. in a pic..

It would be nice if the juridic dept at SL explained all around this at forum .. of course it would.

I cross my fingers they will...

/Tina - EXAKT work with Marketing IRL.. also educated as photographer at High School in Sweden.

Lets say in real life you buy a lamp from a lamp store, then take a photo of it, then publish a book called "photos of lamps" do you have to contact the lamp store to get permission to use the photo of the lamp? ... I don't know the answer, but the same would be true for SL.

I'm not positive, but what I think is correct is you'd need permission for a name of a brand appearing in the picture, a logo, a trademark....
example: you can take a picture of a coke can and publish it, but you can't see the word 'coke' on it.

When we all watch TV... and people are wearing clothes, sitting on a couch, etc etc, no one has to get clearance for every single thing that appears on the screen... but once you know it's a specific product because the name of it appears, then that's when it's a problem.

Just imagine if you did need permission for every thing in SL appearing in the pic. you'd have to get approval from the person who made the trees in the background, the texture of the floors and walls, the shirt someone is wearing, and on and on and on.

You are asking “Does this fall under Fair Use of Intellectual Property?” I’m not an IP lawyer, or a lawyer of any kind but I’ll answer as best I can.

Maybe. We would need a lot more detail. How are these pictures to be used? How are you to be compensated for them? Did people (avatars) pose for them? Can you tell from the picture who the people are (Can you see their name tags?)? Is there anything else that someone might think is their unique IP? For example, standing in front of a sign for some place of business. Would people object to the photo with their avatar/shirt/whatever else in it? For example, a dress maker might be very happy to see her product on a TV news reporter, but might object to seeing it on a pole dancer. It’s not just a question of rights; fair use in many ways is about would a reasonable person object.

I don't even think there is a rule. Let's say you're writing a book called "things I hate" and you have pictures of the products you hate.... ???

Why would a opinionated review in a book be okay, but this wouldnt?

Because Coke is more likely to sue you if you picture them in a book called "Things I hate" than in "Things that are way cool" .

Not a lawyer, but have researched this in the past.
Here's how it works in RL:

1. You may take a photograph in any public place, of any subject, and at any time. No one may prohibit you from taking a picture in a public location, and they may not prohibit you from making use of that photograph.

The only exception to this that I know of is that you can't take a picture that's primarily of a copyrighted image and then say that the picture is yours. Copyright law is intentionally vague there, however, and it may be okay to use a picture that includes a copyrighted image, if the copyrighted image isn't the main focus of the picture.

2. Once you enter someone's private property: a house, a museum, or even a store, you are no longer free to take photographs unless you have permission of the owner or operator of that property. This means that you can't walk in to my house with a camera and film me without my permission.

Specifically, taking pictures of copyrighted images in art galleries or of movies in theatres is definitely piracy, unless the gallery or the theater has given you permission to take the photo.

3. If you do take a photo in a prohibited location, a private citizen is not allowed to detain you or force you to destroy the film.

4. The photographer owns the picture (as long as it was taken legally) and may license or use it as he sees fit.

Since Linden Lab has not created any rules governing snapshots, the closest analog we have to work with is laws provided for real life situations. You should be able to use a photo of any build that is visible from a public location, as long as the photo is not primarily of a copyrighted image.

In the abscence of a specific clause in SL's TOS, Your publisher should apply the same rules he'd use concerning a photo of a real life scene.

Whether someone would object is actually not relevant in some cases. For example, if the afore-mentioned pole dancer buys a designer dress and then slithers up on her pole on the corner of First and Main, the designer has absolutely no say in what you do with the photo. For that matter, the dancer doesn't either. However, if the dancer is indoors, with a reasonable expectation of privacy... that's a whole different matter.

for more info:

http://www.photosecrets.com/tips.law.html

wish she'd tone down the font, but this covers the basics.

I would apply the same rules in SL that apply in real life photography.

Generally speaking, if you're in a public place, it's fair to use snapshots. However, the picture shouldn't be primarily of a work of art or piece of sculpture.

Good link Dr. Thanks...

there are so many loopholes to all this.
And it looks like these half-baked rules were created years ago.

Can you go into more detail as to what this book is going to be about? and the pictures used in them? I'm simply curious. Hopefully it's not a book called "other people's stuff in secondlife"

Also, one big loophole to consider that differs from RL and SL.... in SL, every person has approved use to use 'snapshot'

With regards to Photos, You chose the angle, the Lighting, and the Framing of whatever it is you Photograph (Discussing Photos of Inanimate objects here). If the Photo is Intended for Artistic display, or sales as Object of Art, or Merely for your own pleasure then the Photo is 100% yours.
If, However, you Intend to use the Photo as part of an advertisement for yourself, or a Third Party, A Legal Release is required from the Owner of the Object (Or person, or Landscape if on Private property) Specifying the Individual Photo to be used, and releasing rights to ONLY that Photo, and no other. These Releases form a Binding writen contract between the Photographer, and the structure owner and DO include Consideration (Legalese for Money or trade) in exchange for use of the Image. The release can also Include a Set time frame in which the Photo may be used, so rights conferred may be Temporary, They can also Include restrictions as to the product, Service, or Type of advertising in which the Photo is, or is Not permitted to be used.

Angel.