This morning the E.V.E team came upon an issue that we felt needs to be brought to the attention of all. It is a serious matter about copyright laws, and how they are there not only there for Real Life artists but put in place also to protect artists in the virtual world of Second Life.
Now, we are all very familiar with the part of the copyright laws where one can not copy another’s work and say it is their own but there are less widely known parts that discuss other details that are also covered by copyright laws:
“The owner of a copyright has the exclusive right to reproduce, distribute, perform, display, license, and to prepare derivative works based on the copyrighted work. See § 106.”
“Under the Copyright Act, a “‘derivative work’ is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a ‘derivative work.'” See 17 U.S.C. §101.”
What happened to bring these parts of the copyright laws up here and make a hopefully educational post into being?
It first started out as just a request from -Ƥнуηєα Sєяєια- (phynea) for some custom work:
Creation she wanted us to customize for her the Dancing Tears
She asked for them to be converted into an actual accessory instead of a decor item then strip Noke’s signature from being the creator of the piece so when people inspected the item the creator would be “Unknown”. We declined to do this and things turned to the one of the worst situations that could befall an artist: -Ƥнуηєα Sєяєια- (phynea) claimed that she was going to “have someone else hook it up for me” and that because it was her idea to have it as an attachment instead of a decor item it wasn’t considered stealing.
Now, our philosophy is to be open to customers coming to us with questions and requests, but we reserve the right to refuse and we chose to decline in this case. Because, firstly, E.V.E does custom work on our own terms. We create things that are of Noke’s vision and bring to reality her imaginative and creative mind and not others. Secondly, asking us to make it so our work is not signed is hurtful and disrespectful. We, creators, artists, authors, and musicians, sign our work for good reasons. Don’t rob us of that!
E.V.E supports and encourages our customers to use our creations wherever their imagination takes them. But, what we don’t condone or tolerate, is taking someone’s creation and violating the copyright laws. It is blatant infringement and people who do this kind of thing are rippers and thieves. This is also stated in the T.O.S as unacceptable and we will take action to prevent such behavior in Second Life.
Please, to our fellow creators be aware of this kind of “custom work” and make sure you are not violating any copyright laws.
And, to our dear supporters and customers thank you all for the appreciation you show us, we notice this on a daily basis and love you all. Hope you all take this as a tale of how much a creator’s heart goes into their pieces and how the work and dedication should not be stripped from them.
E.V.E Store Manager
“The U.S. Copyright Act, 17 U.S.C. §§ 101 – 810, is Federal legislation enacted by Congress under its Constitutional grant of authority to protect the writings of authors. See U.S. Constitution, Article I, Section 8. Changing technology has led to an ever expanding understanding of the word “writings.” The Copyright Act now reaches architectural design, software, the graphic arts, motion pictures, and sound recordings and more. See § 106. As of January 1, 1978, all works of authorship fixed in a tangible medium of expression and within the subject matter of copyright were deemed to fall within the exclusive jurisdiction of the Copyright Act regardless of whether the work was created before or after that date and whether published or unpublished”
“You should not use copyrighted, trademarked, or celebrity material in Second Life, unless of course you are the intellectual property owner or have permission from the intellectual property owner. Your use of Second Life is subject to applicable copyright, trademark, and right-of-publicity laws. These are complicated laws, and understanding our Terms of Service and DMCA Policy* is only a very small start to understanding applicable laws. real-world laws apply to intellectual property infringement, and nothing about your use of Second Life will shield you if you are infringing on someone else’s intellectual property — the rightful owner of the intellectual property can take direct legal action against you in real-world courts of law.”
* Digital Millennium Copyright Act (DMCA)