Quick and Dirty Friday Discussion:
Before we go on with this discussion keep in mind that a) it’s not up to ME or ANYONE to decide if the copyright/trademark of anyone has been violated – it’s up to the owners of those marks,etc. b) I am asking a question to the community about the responsibility of event organizers – not accusing the event organizers of the event (that I am not even naming) of anything. This is an OPINION article only.
I happened to see on Plurk a vendor ad from a designer which had a pack of t-shirts with some designer logos on them.
I only really noticed the Yves Saint Laurent logo and the use of the Chanel logo. Note that I am in love with the “Feline” shirt (no surprise).
Here’s the 2 logos in case anyone is wondering what they look like.
I found this article which is a pretty good summary of logos and their place with trademark/copyright : http://www.plagiarismtoday.com/2010/08/12/trademark-copyright-and-logos/
So questions I pose to the community are:
Do you think using a company logo in a Second Life t-shirt constitute as trademark/copyright violation?
Do you think that event organizers are responsible for policing/moderating items that designers offer up that may possibly violate copyright/trademarks?
Sound off in the comments.
|Elfy Pines||yes eent organizers are responsible sorry is up to them to police their turf|
|Elfy Pines||make sure everyone is set up befor ethe evnt starts|
|Elfy Pines||when you put your name on something as the responsible person for it means you can´t ignore the responsabilities|
|Elfy Pines||one thing to use a company logo for satyre for example|
|Elfy Pines||putting it on a shirt to seel in rl gets you jail time|
|Gogo||some event orgaizers just wont recognize infringement right off the bat, but once they have been notified, they definitely should take action|
|Elfy Pines||and digitaly is Trademark infrigement the issue is not even copyrights but Trademarked symbols that represent organizations|
|Cake||Shame on R.I.Celli, they didn't need to resort to ripping designs like that.|
|CatToy||I don't know about jail time though? But trademark is done so that the trademark owner and bring someone else to court and charge infringement. So if they lose the lawsuit, they pay a big fine.|
|Gidge||i don't know why they would|
|Gogo||im so torn about their brand. i love SOME things, but some things are templates, and now this|
|Gidge||they're not noobs, they KNOW better|
|Gogo||like their brand doesnt know what it wants to be -- a really high quality brand, or bargain basement|
|Gogo||sometimes they line their mesh, sometimes they fucking dont!#!#! RANTRANTRANT|
|Gogo||obviously this is a love/hate rship|
|Elfy Pines||MouseMimistrobell: you get jail time if you do it in rl clothes is considered counterfeit it hink hat´s the right word to use|
|kesseret||im not sure that copyright/trademark infringement is a jailable offense, it's more civil - but I COULD BE WRONG.|
|Ruff||This is something that's close to home for me since my business walks a fine line between what's considered copyright infringement and what isn't... and I've long been open about that. I'll explain...|
|kesseret||ElyHynes: that is counterfeiting - that is a crime, this is not counterfeiting, they are not trying to represent their brand as YSL or chanel|
|Elfy Pines||it´s what happens to anyone selling forged brands from their trunk but here is just clearly trademark infrigement|
|kesseret||that's what i think...|
|Ruff||Yes, by all rights, using real-world intellectual property on items for sale in Second Life is not technically 100% ethical... but it's also not 100% illegal either. Here's why.|
|Elfy Pines||kesseret: they are profiting on their logo so it´s trademark infrigement|
|Elfy Pines||every company with a trademarked logo has specific and strict rules on how it´s used|
|Ruff||The SL ToS - that we all agreed to when we signed up - state that Linden dollars are NOT real-world currency, merely game tokens that can be later exchanged for real money in a separate transaction.|
|Ruff||Thus, on items sold in-world, no actual money is changing hands and no sale is taking place.|
|Ruff||It's only once you start listing stuff on the Marketplace that LL starts to take a dim view of it; because they take a cut from each sale and sales can be conducted in US$.|
|Elfy Pines||RuffDawg: it does no matter if you make a profit from it or not|
|Ruff||This makes LL a partner in any potential lawsuit brought against a seller by a real-world trademark holder.|
|Airedine||Frankly, you have to take a test when you upload mesh, that CLEARLY DEFINES what is and is not intellectual property infringement, and that IP infringement IS NOT allowed, whether OR NOT you are making profit.|
|Elfy Pines||you cannot used trademarked logos|
|Elfy Pines||not unless is for satyre or t refer to the brand|
|Elfy Pines||you can ask Vaki|
|Ruff||All I know is that I've had numerous encounters with LL's "commerce team" regarding Marketplace listings... and yet those same people have actually logged into my account, stood there in the middle of my store,|
|Airedine||"However, use of designer logos and brand names without permission, such as Gucci, Nike, Louis Vuiton, etc., is usually not acceptable."|
|Ruff||and done nothing about the multitude of items right in front of them.|
|Ruff||What they say in their wiki and how they apply their own rules is obviously not matching up. I've gotten away on their technicalities for years and until they close the loopholes, I probably still will.|
|Airedine||I believe that business owners in Second Life should handle themselves with integrity|
|Ruff||Call it whatever you like. They wrote the rules and they're the ones enforcing them. They obviously realize the limits to their own power.|
|Airedine||And innovation. You can do SO MUCH in second life, why would you just rip off someone else's shit.|
|EclecticWingtips||please keep in mind that making money is not a factor in whether something is illegal or breaking copyright laws or trademark laws.... that doesnt come into it at all actually|
|ღYule-Chan-t||here is a link to an article about copyright infringement and jail www.mediainstitute.org/IPI/2011/052511.php|
|EclecticWingtips||and yes i do believe that event organisers should be keeping on top of this... because it gives these events a bad name and can also impact on the reputation of other designers in the event who arent sdoing|
|Airedine||EclecticWingtips: Yes, exactly.|
|Ruff||Because I'm not "just ripping off someone else's shit". The majority of my business actually comes from original content and custom orders for in-world teams who have their own original identity packages.|
|Elfy Pines||other creators bust their ass to put out content sitting next to this|
|Airedine||So make items with original content, and don't stoop to making things with trademarked logos.|
|EclecticWingtips||Vaki should be in here|