Linden Lab Official:Snapshot and machinima policy

Snapshot and Machinima Policy

We are thrilled to support the amazing creativity of our community’s artists who are taking snapshots and making machinima in Second Life. This policy is important for artists because it gives them copyright permissions from Linden Lab and the Second Life community to make the incredible works that we all enjoy.

For artists, it’s important to have these copyright permissions if you are publishing and sharing your works. If you’ve had the experience of entering a film festival, you know that festival organizers ask about these permissions.

This policy gives broad copyright permissions for snapshots and machinima, but asks that you respect the privacy interests of members of the community. If you’re a professional photographer or filmmaker, these requests won’t surprise you. You’re likely already observing them since they’re based on the clearances you’d get for shooting in the “real world.” All the details are below – so keep reading, and have fun!

1. Copyright Licenses.

This is the legal permission that you can show the festival organizers or anyone else who’s interested:

As long as you comply with the terms and conditions below, both Linden Lab and the Residents of Second Life (collectively, “we”) grant you the following copyright licenses:

1. A License To Capture. You may take snapshots and capture machinima of the 3D content we created that is displayed in-world, and
2. A License To Use. You may use the resulting snapshot or machinima within or outside of Second Life in any current or future media.

“Use” means “use, reproduce, distribute, modify, prepare derivative works of, display, and perform.” For other definitions, click here.

Both the License To Capture and the License To Use (collectively, the “Licenses”) are non-exclusive and royalty-free. In addition, the License To Use is worldwide, sublicenseable, and transferable.

2. License Conditions.

The Licenses are subject to the following conditions:

(a) Land Owner Consent for Snapshots and Machinima.

If you wish to take a snapshot or capture machinima of content on another Resident’s land, then:

1. For Snapshots, check whether the covenant for the land prohibits snapshots. If it does, then you need special permission from the land owner to take the snapshot. If it allows snapshots or doesn’t address them, then you do not need special permission from the land owner as long as you comply with any terms that may be in the covenant.
   
2. For Machinima, check whether the covenant for the land allows machinima. If it does not or doesn’t address machinima, then you need special permission from the land owner to capture machinima. If it allows machinima, then you do not need special permission from the land owner as long as you comply with any terms that may be in the covenant.

For Mainland or Linden Homes parcels where Linden Lab is the estate owner, you do not need land owner consent to take snapshots, but you do need special permission from the land owner to capture machinima. The “land owner” is not the estate owner, but the Resident identified as the land owner in the “General” tab under “About Land.” For private islands where Residents are estate owners, you must check the covenant for the private island as provided above.

(b) Avatar Consent for Machinima.

For machinima, you must have the consent of all Residents whose avatars or Second Life names are featured or recognizable in the machinima. This includes avatars who are featured in a shot, avatars whose names are legible, and avatars whose appearance is sufficiently distinctive that they are recognizable by members of the Second Life community. Consent is not required if an avatar is not recognizable and is merely part of a crowd scene or shown in a fleeting background. Consent is not required for any snapshots.

(c) Other Intellectual Property Licenses.

It’s important to remember that the Licenses are only copyright licenses for the 3D content we created that is displayed in-world. They do not include any permission to use the trademarks of Linden Lab or Residents, and they do not give any copyright permission to use music or sound recordings that may be performed in-world. They also do not give any copyright permission to use any website or video content that may be streamed from outside the Second Life virtual world environment.

If the content that you capture is subject to any trademark, service mark, trade dress, publicity rights, or other intellectual property or proprietary rights, you must obtain the necessary licenses and permissions to use the content, and you use it at your own risk.

For general information on intellectual property, please see our Intellectual Property Policy. If you seek legal advice about a specific situation, we suggest contacting a lawyer. Linden Lab cannot provide you with legal advice.

(d) Compliance with Linden Lab Policies.

You must be in full compliance with the Second Life Terms of Service, Community Standards, Trademark Guidelines, and all other policies of Linden Lab.

(e) Sublicensee or Transferee Obligations.

If you wish to allow others to distribute or use your snapshots and machinima, you may sublicense or transfer your License To Use your snapshots and machinima. If you do, the sublicensee or transferee must assume your obligations under paragraph 2(c) of this Policy.

3. Legal Provisions.

(a) No Limitations on Fair Use or Use of Public Domain Works.

This Policy does not limit fair use or use of public domain works. You may wish to consult the Stanford Copyright & Fair Use Center for general information on fair use and the public domain. However, because the law may or may not recognize fair use or public domain status in different situations, we suggest consulting a lawyer before relying on any fair use or public domain status.

(b) No Warranties.

The content licensed under this Policy is licensed on an “as is” basis. Linden Lab makes no warranties of any kind regarding the licensed content, including but not limited to any warranties of title or non-infringement of third-party rights.

(c) Modification of This Policy.

Linden Lab may modify this Policy as provided in the Second Life Terms of Service.

4. Definitions.

(a) “3D content” means any objects, primitives, or other creative works or works of authorship that are three dimensional.

(b) “Covenant” means the terms and conditions governing use of an estate or group of regions within Second Life, which are identified in the “Covenant” tab under “About Land.”

(c) “In-world” means within the three-dimensional virtual world environment of Second Life.

(d) “Licenses” means the License To Capture and License To Use that are provided in paragraph 1 of this Policy.

(e) “Machinima” means a film or computer animation generated using the real-time three-dimensional graphics-rendering engine of Second Life.

(f) “Capture machinima” means to film or record machinima.

(g) “Mainland” means any land where the estate type is identified as ”Mainland” in the “Covenant” tab under “About Land.”

(h) “Land owner” means the Resident who is identified as the land owner in the “General” tab under “About Land.” This is not the estate owner identified in the “Covenant” tab under “About Land.”

(i) “Linden Homes” means any land where the estate type is identified as ”Linden Homes” in the “Covenant” tab under “About Land.”

(j) “Linden Lab” means Linden Research, Inc.

(k) “Private island” means any land where a Resident is identified as the estate owner in the “Covenant” tab under “About Land.”

(l) “Policy” means this Snapshot and Machinima Policy.

(m) “Residents” mean users of Second Life.

(n) “Second Life” means the multi-user online service that Linden Lab offers, including the servers, software, and content that support the service and simulate the Second Life virtual world environment and our websites and services available from the domain and subdomains of http://secondlife.com.

(o) “Snapshot” means a screen capture, image capture, or photograph of the three-dimensional virtual world environment of Second Life.

(p) “Take a snapshot” means to photograph or capture a snapshot.

(q) “Use” means to use, reproduce, distribute, modify, prepare derivative works of, display, and perform.

(r) “We” means Linden Lab and the Residents of Second Life who are granting you the Licenses.

(s) “You” means the Residents of Second Life and Linden Lab who are recipients of the Licenses.