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Thursday, May 06, 2021

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Annie Heartsong

Indeed. Keeps this in mind. Even tho I operate a studio within the Second Life grid where I take snapshots (or screenshots) of myself for the marketplace, I do try to be careful in what I wear, poses, etc, because different creators have different terms for using those things. I also try and do the screenshots in my own creations as well, like the rooms I create in the fun house, etc. Bookmarks this post for future reference. :-)

pixels sideways

The LL/SL platform TOS everyone agrees to clearly states anyone can use publicly displayed content in SL in any media outside pf SL. Content creators can't override this with disclaimers. That would be like creating hate content targeting a protected group that violates LL/SL TOS but thinking if you put your own disclaimer on it, that makes the platform's TOS inapplicable.

What you can't do with publicly displayed content is violate it's creation copyright - by specifically coping or copybotting original content them claiming it is yours and selling it as such.

Derivative works featuring copyrighted/trade marked content is tricky. I researched this many years ago based on the Mattel/Barbie lawsuits surrounding an artist's use of the trademarked Barbie dolls that were used in an artist's work in which Mattel found was offensive and damaging to their brand. In a recent case, the artist's right to use Barbie dolls in his work prevailed.
https://www.aclu.org/press-releases/judge-says-no-mattels-effort-stop-artists-photographic-critiques-barbie

irihapeti

@pixel sideways

you're talking about derivative works which fall under fair use. Which is not the same thing as taking snapshots

and.. if our derivative work is derived from a snapshot which the SL land owner/content creator has precluded us from taking then we have no license to publish/distribute our work

the policy notice is the same as a NO PHOTOS posted notice found in privately-owned concert venues/museums/art galleries/etc open to the public. Second Life is a privately-owned venue open to the public

that a privately-owned venue may be open to the public doesn't make it a public venue, it remains a private venue. Photos, taken inside private venues which have a posted notice, can be taken from us, as can any work that we may derive from them

ps. just add that is always best to get a formal legal opinion before getting into anything like Photography as NFT

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