Recently, a movie has had world wide release, generating many dollars for the production company, Twentieth Century-Fox Film Corporation and the writer, James Cameron, who is also the Director.
Over the course of my time in world, a number of newly released movies have enjoyed their SL release, introduced here by their production companies. These include Die Hard, Beowulf, etc. A number of launches of movies took place in world, where free, fully kitted, licenced avatars were freely distributed in world. None seem to have generated such interest from in world residents as James Cameron’s Avatar ©. Why is this? Do people feel a kinship with the movie name? This is a Science Fiction movie, and although SF has a cult following across the globe and within virtual worlds, it is not an overwhelming following. Other SF movies have been recently made, with no such following. Is it because of the world wide popularity of the movie at cinemas? Possibly, although I still do not think this is the only reason.
This article is not really to discuss the popularity of a movie in the physical or virtual worlds, but one of the consequences. I have seen in recent weeks a scrambling rush of designers, bloggers, creators, fly-by-nighters and ordinary residents to recreate the main characters from the movie, with complete and total disregard for any copyright issues that may involve. I have thought quite a deal on my feelings towards this.
As a council member of Artist’s Voice, I have an obligation to uphold the standards and ideals of this organisation. This is not difficult for me, as I have had a life long passion for support of creativity and artists in all forms, part of which is the protection of their work. This applies to virtual and physical worlds.
As we are well on the way to hurtling into the 21st century, we are faced with an entirely different set of scenarios than those which prompted the formulation of copyright and intellectual property laws in many countries. Few have really useful legislation enacted to specifically cover electronic, digital and graphic copyright and IP rights of creators. I believe this has contributed to the flurry of copyright infringement we see recently with particular regard to James Cameron’s Avatar©.
Is it ok to rip a design from an artist? The short answer, no. If, by making a representation of a character from the movie Avatar © are you committing copyright theft and IP infringement? Short answer, yes. Of course, I may be ignorant of some enterprising person actually seeking permission from both James Cameron and 20th Century-Fox Film Corporation to use their creations and introduce them into Second Life, either as giveaways or as a money making venture. If this is the case, please let me know! It is also possible that permission has been given from 20th Century Fox and James Cameron to duplicate their work in Secondlife – again please let me know if this is so. So, basically if you do not have the written permission of the creator to use either their creations or elements of it, you are infringing upon their IP rights if you use it .
I read yesterday of a resident who thought she would compound her errors by making a James Cameron’s Avatar© skin by modifying a skin from a well known designer (who incidently, has been the victim of content theft). Problem is, the original skin was non modifiable – therefore was a ripped skin to begin with. Given the exposure of content theft issues in Secondlife, ignorance is not an excuse.
So why this article? A number of reasons, one of which is my own self examination of the personal standards that I use in my day to day lives (RL and SL). I do not accept that:
– theft is ok if it’s only a little bit
– if the owner does not know
– if the owner is rich and can afford it
– if the thief ‘just feels like it’
– if ‘everyone else is doing it’
– if it will distribute more of your in world magazines
– if your sponsor has insisted upon it
– If you personally consider you are not breaching copyright just because you choose to think that way
– If you felt ‘inspired’ to ‘pay a tribute’
– ‘this is a game, therefore it doesn’t count’
– if you justify your actions with the claim that you are generating free publicity for the movie
or a multitude of other reasons. I’ve seen too many good people left bitter, disillusioned, disappointed and friendships destroyed because of the rampant theft in world. I am firm in my mind of my own opinions regarding copyright, as are many others. It is a line you must not cross. If in doubt, contact a council member within the Artist’s Voice organisation for clarification.
We all need to make a decision: do we wholeheartedly support an artist’s right to protection of creativity, whether physical or virtual environment? If you choose yes, your decision must be unequivocal, otherwise you undermine entirely your stand. If you choose yes, we all need, as a community, to support artists by:
– refusing to purchase items which breach copyright
– standing up to those that claim it is ok, and insisting that it is not ok
– not supporting people who insist on blogging these items
– reporting those people who have knowingly breached Lindenlab TOS
– maintaining our own ethical standards in our purchasing power
– supporting entirely a creators right to protection, whether they are SL residents or not
– keep in mind that copyright and IP rights are NOT debateable in world. Law is very clear, and it is not a matter of arguing your way out of it with your friends opinions.
Artist’s voice is having a major event soon to support artists. This is an exciting event line up, and I encourage you to attend, enjoy the convivial company, spend some hard earned cash, and be aware that in doing so you are supporting creators rather than thieves.
“In our continued effort to combat content theft and to celebrate those designers who are producing original content to make our Second Life all that it can be, the Artist’s Voice is pleased to announce the:
I ❤ Originals Fair: February 8 – 14, 2010”
Put this date in your diary now, I’d love to see you there!
I know there will be many disagree with this article. This is not intended as laying down laws to anyone. It is intended to encourage you to examine your own ideas and thoughts on the issues discussed.
10 comments
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January 12, 2010 at 11:01 am
Darkley Aeon
Thank you so much Arabella, I’ve been thinking the same thing myself and the justifications of ‘so and so is doing it’ ‘ive seen XXXX film done in sl’ as if that makes it ok
January 12, 2010 at 11:09 am
arabellasteadham
Thank you Darkley, I know you have stood up many times for the rights of Artists. I’m hoping this article will generate some lively discussion, and an increase of knowledge on these issues for many people.
January 12, 2010 at 11:24 am
Dirk Talamasca
Easy.. Those other movies totally sucked.
January 12, 2010 at 12:21 pm
Lizzie Lexington
I have a whole bunch of opinions here. First, the concept of derivative art. Secondly, are we equipped with the knowledge to confirm what is copyright infringement – RL to SL. For me in world content theft is clear – resident a steals from resident b by some type of in world or computer generated means. This is something that we can be experts on – it’s is our domain so to speak. But are we the experts on a blue man with elf ears is copyright infringement against Mr. Cameron? I think we need to leave that to the people employed by Mr. Cameron and the US court system to decide. Let’s take care of our people and let Mr. Cameron’s attorney take care of hers.
Either way you know I ❤ Arabella!
January 12, 2010 at 12:33 pm
arabellasteadham
It is indeed up to the owner of the copyright to take legal action against any infringements, and prove that through the legal process. It is not up to me to do this. However, that doesn’t mean that as residents of this virtual world we should happily support those that are breaching IP rights of another and infringing their copyright. How do we interperet whether this is happening or not? Asking is the best way, research avaible material, seek advice. Copying the entire package so that is meant to duplicate the unique look created by and for the movie is clearly an infringement. Also using names likely to make a clear association to induce people to purchase these items is deliberate.
As an aside, I know everyone has their opinoin, and truly I do not want to see people end up in a legal battlefield with 20th century fox – I think i know who would be the winner. I hope my little post provokes discussions, research and perhaps also some support for truly original creators. And I ❤ our Lizzie 😀
January 12, 2010 at 5:13 pm
Teagan Blackthorne
I did notice that influx of Avatar type avatars but them I remembered a comparative I saw comparing Avatar to a 1985 comic book called Timespirits #6. You have to wonder if the inspiration for James Cameron’s own avatars came from the artwork of this artist.
http://themonkeymind.livejournal.com/35638.html
Timespirits – Blue cat-like elf-girl (with yellow eyes in some of the cells)
January 12, 2010 at 5:53 pm
arabellasteadham
Indeed you do Teagan, i have seen the comics in question, there are similarities indeed, however this does still not justify the direct copy of work by either James Cameron or 20th century fox. I guess this is why we have courts 🙂
January 13, 2010 at 3:17 pm
Teagan Blackthorne
I went to look at some in world and none that I saw for sale called them Avatars….they call them things like Feline Elf so this falls into a funny area. They are not using a direct copy of either work really but their take on this type of character. If you look at television you will see this often between different cartoons. They are very similar and you know they are based on the other but they are different enough that they do not violate any copyright. Let’s face it, blue feline elf-girls have been around longer than the movie.
The skins I did go see yesterday were actually created in another color long before the first shots of avatar came out. The designer simply added the skin in a blue skin tone.
January 13, 2010 at 12:36 pm
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