Linden Lab Official:Intellectual Property

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Trademarked, Copyrighted, and Celebrity Material in Second Life

In Second Life, we hope creators will use their imagination to make original content. Some create things that are inspired by real world objects, like cars or jewelry. When you do that, please make sure you’re not improperly using another’s intellectual property – for example, a trademarked logo or brand name, a distinctive product appearance (known as “trade dress”), characters or material from a movie, book, or other copyrighted work, or a celebrity image or name (protected as a “right of publicity”). As Second Life gets larger, we receive more questions about intellectual property and Second Life.

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.

The following describes more detail about how Linden Lab treats trademark, copyright, and celebrity issues in-world. Our explanation is for informational purposes only and should not be treated as legal advice. If you seek legal advice on your rights in a specific situation, please contact a lawyer.

Trademarked Material

The following describes more detail about how Linden Lab treats trademark and copyright issues in-world:

Linden Lab generally removes content that uses trademarks without apparent authorization, with or without giving notice to the object owner. This generally includes all RL corporate logos and brand names.

It is often difficult to tell what may or may not be trademarked. However, use of designer logos and brand names without permission, such as Gucci, Nike, Louis Vuiton, etc., are usually not acceptable. Notifications of trademark infringement must be in writing and submitted to:

Linden Research, Inc.
Attn: Linden Lab Removal Team
945 Battery Street
San Francisco, CA 94111 

Alternatively, fax the document to (415) 520-9660. 

When submitting a notification of trademark infringement, provide a copy of the relevant trademark registration(s) from the U.S. Patent and Trademark Office or its equivalent in another country. Please also provide the location in Second Life (the region name and coordinates) where you allege the trademark is being infringed and the name of the Second Life Resident who you claim is infringing For more information, visit the U.S. Patent and Trademark Office homepage: http://www.uspto.gov/index.html

You can also use the trademark look-up feature on that website: Use the Search tool under Trademarks on the left navigation when you go to U.S. Patent and Trademark Office homepage.

• Use the "New User Form Search (Basic)"
• Under View Search History, select "Plural & Singular " & "Live" radio buttons
• Enter the name of the business in question (ie. Nike)
• Press "Submit Query"

Copyrighted Material

Linden Lab follows the procedures described in the Digital Millennium Copyright Act (DMCA) regarding copyrighted materials. For more information about Linden Lab’s DMCA policy, go to: http://secondlife.com/corporate/dmca.php.

Notifications of copyright infringement must be in writing and submitted to:

Linden Research, Inc.
Attn: Linden Lab Removal Team
945 Battery Street
San Francisco, CA 94111

Alternatively, fax the document to (415) 520-9660. On the cover sheet, please write ATTN: DMCA   NOTIFICATION

If a DMCA notice is filed, and it meets the standard for a complete claim, Linden Lab will then expeditiously remove the indicated materials in-world. Repeated copyright or trademark violations by a resident can result in their account being placed on probation or permanently banned. Again, this is just a very brief description of laws pertaining to intellectual property. Residents interested in this topic are encouraged to more fully examine the materials available at:

• http://www.uspto.gov/main/trademarks.htm
• http://www.law.cornell.edu/wex/index.php/Copyright
• http://www.law.cornell.edu/wex/index.php/Trademark
• http://fairuse.stanford.edu/