« How to Add Multiple SLurls to Your SL Land | Main | Hilarious SL Machinima About Virtual Art Custodians »

Friday, November 25, 2011

Comments

Feed You can follow this conversation by subscribing to the comment feed for this post.

BobE

SL:
http://www.flickr.com/photos/bobeschism/5930736872/

RL:
http://www.flickr.com/photos/bobeschism/6399425451/

Frank Observation

"I'm not clear if the RL version is Senban herself in real life".

Unlikely, unless she is the model in the original Shibari bondage pic here:

http://www.flickr.com/photos/cortez77_fr/3704209696/

It is also worth noting that the creator of the original photograph states, "My Pictures and Digital creations may not be reproduced or used in any way."

I'm suspecting Ms Babii did not get permission to use this artist's work, let alone to deface it in the way she has done, as I can see no mention of, or credit to the original creator either here or in her own blog.

Nebulosus Severine

http://www.flickr.com/photos/nebulosus_severine/6403820853/in/photostream

Here ya go, brah.

Senban Babii

*sigh*

There's always one ;)

No, the photo is not me (sorry to dash your hopes there Hamlet!). The photo is indeed that model. However as a derivative work it falls under fair usage. And I would be absolutely thrilled to include the name of the model and give her full credit in my blog if I had some way of finding out who she is (Mina perhaps?) and a way of contacting her. If you can help, please do so.

I happened to find the image - although not at that Flickr link - (and some others from the same set) while searching for reference material a few months ago (it might be longer now, I honestly forget) and was struck by the visual similarity to my avatar (right down to the lip ring), which is what got me thinking about the whole "what if your avatar could step off the grid" thing. But it was only recently I got round to doing anything about it because previously my ability with photo manipulation software was virtually non-existent. They're not great now either of course but they were at least workable enough to give a rough approximation of what I was trying to achieve. I'm actually not happy with the ear position and might yet make some slight changes to the eyes. It's a work in progress.

Frank Observation

*sigh*

There IS always one.

"...as a derivative work it falls under fair usage."

Which part of "My Pictures and Digital creations may not be reproduced or used in any way" do you not understand?

Robin Streeter

Perhaps it was the original artist who does not understand "My Pictures and Digital creations may not be reproduced or used in any way". That is, one simply does not have the legal right to make that claim.

From http://w2.eff.org/IP/eff_fair_use_faq.php:

"In essence, fair use is a limitation on the exclusive rights of copyright holders. The Copyright Act gives copyright holders the exclusive right to reproduce works for a limited time period. Fair use is a limitation on this right. A use which is considered "fair" does not infringe copyright, even if it involves one of the exclusive rights of copyright holders. Fair use allows consumers to make a copy of part or all of a copyrighted work, even where the copyright holder has not given permission or objects to your use of the work."

Fair use is absolutely critical to our global culture, let alone SL. Deny it, and say good bye vast swaths of content in-world.

Carol

so if i state explicitly "My Pictures and Digital creations may not be reproduced or used in any way" anyone can say "You have no legal right to protect your intellectual property and i will use it anyway" ? .. that's new to me, but good to know.

Cortez77

I'm the photographer of the original picture. it's funny to read I have no rights on my works and everybody could play with others creation and claim they're right. so try to play with The Beattles or Elvis songs, change some words and claim this is your creation ?

"Fair use allows consumers to make a copy of part or all of a copyrighted work, even where the copyright holder has not given permission or objects to your use of the work."
That's tell you could post a creation or a part as illustration (for news or other purposes) it's not give you the right to CHANGE the original creation( you do).
And I'm afraid to tell you, I'm not under the US law, and mine is really more restrictive about mind creation, I have all the rights in my works, and the model have rights of their image too. As you use and change without her permission , she could legaly start action too.


"The photo is indeed that model. However as a derivative work it falls under fair usage. And I would be absolutely thrilled to include the name of the model and give her full credit in my blog if I had some way of finding out who she is (Mina perhaps?) and a way of contacting her"
So in the original picture there is IN the picture TEXT with link back to MY Flickr Acount,and you have problems to find ? need glasses ? or your computer auto cuts signatures ? XD
http://www.flickr.com/photos/cortez77_fr/3704209696/

Stop kidind me. You could have asked before, I'm always open.

Jo yardley

I look the same in RL as I do in SL so not much so that's an easy task.
Time to find the camera.

Hamlet Au

I'm not an expert on fair use, but talking with numerous lawyers on the subject, I can definitely say it's a highly contentious issue. At the very least, I will say it's a very very good idea, when using a photo which you believe is for fair use purposes, to at least include a credit and link to the original creator.

Cortez77, I just sent you an e-mail.

Tali

@Cortez77: You do, indeed, not have any rights to control fair use or derivatives. That is sort of the whole point of those concepts.

However, fair use is generally pretty well defined and relates, broadly speaking, to news reporting, teaching and parody.
Derivative works is something else, and that is - as Hamlet says - a can of worms. The basic question here is, how much must the components be changed before it qualifies as a new work, and not an infringement.

(And from a total layperson's view, I'd have to say, I believe Senban's picture is quite far from qualifying as a new work.)

Adeon Writer

No sir, not going to happen, no how, no way!

Arcadia Codesmith

My non-professional, "don't quote me I'm not a lawyer" opinion is that this is derivative but not transformative and therefore not subject to fair use provisions under U.S. law. The non-commercial nature of the use can be a factor in court, but it's not sufficient to win a fair use defense by itself.

And that's not taking into account the law of the country of origin, which can have stricter definitions and more severe penalties.

Apart from the legal aspect, ripping off somebody else's work, slapping minor changes on it, and presenting it as your own is tacky and unethical. It's also bad art.

Hamlet Au

Derivative or not, I agree, Arcadia: Credits and links are good karma.

I had a nice e-mail chat with Cortez77, who told me it was OK to keep the photo up there with a credit to him and a link to his Flickr page, which has a lot of cool pics. So at least one good thing came out of this post.

Jerome G.

nice to see one picture taken from one of my events has been used for your own use ...

Verify your Comment

Previewing your Comment

This is only a preview. Your comment has not yet been posted.

Working...
Your comment could not be posted. Error type:
Your comment has been posted. Post another comment

The letters and numbers you entered did not match the image. Please try again.

As a final step before posting your comment, enter the letters and numbers you see in the image below. This prevents automated programs from posting comments.

Having trouble reading this image? View an alternate.

Working...

Post a comment

Your Information

(Name is required. Email address will not be displayed with the comment.)

Thumb Wagner James Au Metaverse book
Wagner James "Hamlet" Au
Dream Seeker SL estates
Competitive rates, 24/7 English, Spanish & Dutch support -- visit online or in SL!
Dutchie SL furnishings
Click above to Dutchie Design's site!
Wagner James Au Patreon
Making a Metaverse That Matters Wagner James Au ad
Please buy my book!
IMG_2468
My book on Goodreads!
Wagner James Au AAE Speakers Metaverse
Request me as a speaker!
Making of Second Life 20th anniversary Wagner James Au Thumb
PC for SL
Recommended PC for SL
Macbook Second Life
Recommended Mac for SL
my site ... ... ...
ADD store SLurl
Visit ADD's SL mainstore, creator of sexy styles you want to wear!
Intellivision game console book Tom Boellstorff Braxton Soderman
Get the latest book from the author of "Coming of Age in Second Life"!
Meow Meow Making SL flowers
An SL flower shop for all occasions!
Rapture
Original SL mesh fashion since 2014
Vmuseum NWN Ad
Click to visit all four sites!
Second Life virtual world coffee table book
Coffee table book available now -- click above!
Juicybomb_EEP ad

Classic New World Notes stories:

Woman With Parkinson's Reports Significant Physical Recovery After Using Second Life - Academics Researching (2013)

We're Not Ready For An Era Where People Prefer Virtual Experiences To Real Ones -- But That Era Seems To Be Here (2012)

Sander's Villa: The Man Who Gave His Father A Second Life (2011)

What Rebecca Learned By Being A Second Life Man (2010)

Charles Bristol's Metaverse Blues: 87 Year Old Bluesman Becomes Avatar-Based Musician In Second Life (2009)

Linden Limit Libertarianism: Metaverse community management illustrates the problems with laissez faire governance (2008)

The Husband That Eshi Made: Metaverse artist, grieving for her dead husband, recreates him as an avatar (2008)

Labor Union Protesters Converge On IBM's Metaverse Campus: Leaders Claim Success, 1850 Total Attendees (Including Giant Banana & Talking Triangle) (2007)

All About My Avatar: The story behind amazing strange avatars (2007)

Fighting the Front: When fascists open an HQ in Second Life, chaos and exploding pigs ensue (2007)

Copying a Controversy: Copyright concerns come to the Metaverse via... the CopyBot! (2006)

The Penguin & the Zookeeper: Just another unlikely friendship formed in The Metaverse (2006)

"—And He Rezzed a Crooked House—": Mathematician makes a tesseract in the Metaverse — watch the videos! (2006)

Guarding Darfur: Virtual super heroes rally to protect a real world activist site (2006)

The Skin You're In: How virtual world avatar options expose real world racism (2006)

Making Love: When virtual sex gets real (2005)

Watching the Detectives: How to honeytrap a cheater in the Metaverse (2005)

The Freeform Identity of Eboni Khan: First-hand account of the Black user experience in virtual worlds (2005)

Man on Man and Woman on Woman: Just another gender-bending avatar love story, with a twist (2005)

The Nine Souls of Wilde Cunningham: A collective of severely disabled people share the same avatar (2004)

Falling for Eddie: Two shy artists divided by an ocean literally create a new life for each other (2004)

War of the Jessie Wall: Battle over virtual borders -- and real war in Iraq (2003)

Home for the Homeless: Creating a virtual mansion despite the most challenging circumstances (2003)

Newstex_Author_Badge-Color 240px
JuicyBomb_NWN5 SL blog
Ava Delaney SL Blog
Virtual_worlds_museum_NWN