Question regarding use of KittyCatS photos/images

[Emilia Darkwatch]

Hello

I would like to ask about the situation with regards to using KittyCatS images or photos on products that we may sell. To be clear, I do not mean anything at all to do with the images that were used in the past on profilers or which appear on Build A Cat or the actual KittyCatS website

I mean either fun and cute items (2 of which I heard from people today and were a picture frame and a dancefloor!)... or actual pictures, for example scenic pics we may make and wish to sell and happen to include the cats. Also, I know a few people who make cat portraits, with or without the owner present, which are very sweet and touching. I have no idea if they do those for free or not, but I find it an interesting question of whether they may be able to charge for making such creations?

Thank you!

[Kitten Longmeadow]

I'll let the Admin team know about your question. I am also moving it to Feedback since that is a more appropriate place for these kinds of topics. Thanks.

[Tad Carlucci]

The LL ToS specifically allow you to create an image which incidentally includes others intellectual property, such as KittyCatS.

This generally applies in the Real World, as well. Otherwise, you could not take a selfie of yourself on Times Square because somewhere in the background is the Sony logo or some advertisement, or even the facade of a building (which may be the copyrighted work of the architect).

Of course, this may all change if the new law in the EU takes effect.

I do wish people would stop saying "free" as if price (or the lack thereof) effects the intellectual property rights: it does not. Full stop.

As a general rule, ask: what is the subject? If you're taking a picture of a friend's avatar, and a KittyCat appears in the background, you do not need a license for the KittyCat IP in that image (the ToS granted it to you). Similarly you generally don't need the permission of the creator of the mesh head, hair, skin, clothing, etc., but you might need it from the creator of the blush applier on her avatar if that is the subject of your image and you're not using it in some 'fair use' manner such as a side-by-side comparison to your own blush applier (illegal) as opposed to a blog post highlighting the mistakes in that applier (legal).

Nowhere in the discussion does price appear. If it's illegal to charge for the image, it's also illegal to give it away for free.

[Admin Resident]

Emilia,

can you please contact me inworld about permission? the things you listed are "ok." if someone took photos of cats or "cat portraits" for owners that would be them making a living at being a photographer

if someone was selling photos of our cats, it really all depends on how they do it, and how they advertise it. it's a bit tricky, but we can speak to them and let them know for things which are not ok. the actual law is very clear and not followed at all in SL or RL, and that's because of what Tad said. (like the times square analogy) but if it was a feature film, etc or someone who was more than a tourist, the companies actually could contact the person and tell them "not ok" and all that... it can be complicated.

hope that answers what you need, feel free to shoot me a notecard inworld if you have a specific item and want more clarification!

regards,

callie