Perms Question on Another Creator's Item

Still being new at this creation stuff, I usually create a build and include in that build a number of accessories items, which the purchaser can use or not depending on their tastes/prim limits.

There is an item that I wish to include in the accessories that was not created by me. It was a freebie that I picked up somewhere in my SL life. The items says in the description "Free to take a copy" and the permissions are set to "copy" and "trans". I have tried to contact the maker for permission to distribute in my accessories package, but have received no response from this person. I have checked the Creator's groups and cannot determine when the person was last online.

This item will not make or break my package of items and I can easily leave it out. With all the issues over copyrights, my question is this. Should I include this in my build, which will be for sale. None of the permissions, the object name, nor the description note will be altered from those set by the original creator. I want to be ethical here, but I also would like to share some of the great things other creators have made with the rest of the in-game world.

Thanks in advance for you opinions and answers.

On behalf of all creators everywhere, thanks very much for asking about this.

My opinion, it's probably OK to distribute the item for free. It was given out originally as copyable and transferable, after all. If the creator didn't want it given out second hand, he/she could have made it non-transferable easily enough. The SL permissions can't always be interpreted as legitimate intent for copyright permissions, but in cases like this, I think it can.

However, putting it into a product you're selling may be a different story. A lot of creators of freebies frown on that sort of thing. It depends on the person. And since you can't get hold of the person in this case, it's better to err on the side of caution. If it were me, I'd probably put it on the side, not directly in the product.

Maybe put up a sign saying something to the effect of, "If you buy ______, you'll probably also want to grab the free ______ next to it. They work well together." Something like that. It's not as efficient as packaging it all together, obviously, but it is safer.

Do not place the product inside a package of items for sale. It will seem as if that item you did not make is contributing to the price point you have made and that you are profiting from it.

I think Chosen Few said it best.

Thanks everyone for you replies!

And just to make it known, if I had included this other created item in the package, it would not have been listed in the promotional advertising; thus, it would not be a contributing point of sale of the total package. The item would only have been discovered when the purchaser had opened the package. It would have been dishonest of me to have advertised the item as part of the package since I was not the creator; I apologize for not being clear in the original post.

Again, THANK YOU!

If the free item is not essential to your package, then the easiest, most headache-free thing to do would be to leave it out.

Even if you have done your fact-checking, and you have done nothing wrong yourself by including the free item, if some controversy later occurs involving that free item, then your reputation gets ruined by association. It's not worth the risk.

If you think that the free item enhances the value of your product, then you can include a notecard and landmark with your product, directing your customer as to where the customer can find this item (and making it clear that you have nothing to do with the item personally).

If you had done your fact-checking on the free item, and thought it necessary to include wiht your product, there are ways to do this and minimize potential problems. Include a notecard with your product explaining what is yours, and what items are not yours and provided as freebie extras. Document from where you got the freebie extras, that you do not support them, what information you have that you are allowed to distribute them, and give a generic warning about IP/full perm problems in Second Life. Make the notecard available to someone before they buy your product as well, perhaps as part of your general store policies.

By providing the information up front to the customer, it minimizes potential for later complaint from them.

However, not including the freebie provides the fewest headaches and risks for you. If you truly aren't going to get any reward from including it, don't take the risk of including it.