Under New Rules, Obama Avatars (and lots of other stuff) Will Disappear from Second Life

August 12, 2009 -

Recently, GamePolitics reported on the availability of Barack and Michelle Obama avatars for use in Second Life.

But it seems that those virtual depictions of the President and the First Lady are destined to have short careers.

New World Notes reports that, beginning next month, SL publisher Linden Lab will implement strict new rules on the sale of real-world products and brands - including depictions of actual celebrities. Barack Obama and Angelina Jolie avatars are specifically referenced as examples of prohibited content in the new Linden Lab guidelines.

Readers may recall that stun gun manufacturer TASER, Inc. brought a trademark lawsuit against Linden earlier this year over virtual copies of its weapon which were being sold by third-party content creators for use in Second Life. The suit was later dropped, but the new SL guidelines are almost certainly a response to such legal concerns.

As New World Notes mentions, enforcing the new policy may be problematic for Linden Lab:

While I'm not a lawyer, I would think avatar imitations of celebrities, especially political figures, would fall under the parody safe harbor of fair use. In the real world, you can still buy an unauthorized Barack Obama mask for Halloween. Not so in Second Life very soon...

 

The biggest challenge to this policy, in any case, is likely to be the SL content creation community itself, who often do reference the real world in their works, but are still proprietary about their products.


Comments

Re: Under New Rules, Obama Avatars (and lots of other ...

so to go around this rule would be to make bootleg knock off parody versions of the items and avatars and the names.

Re: Under New Rules, Obama Avatars (and lots of other ...

 If it's Bush and your trying to make him a Nazi I bet it's allowed but dare you not showth the Messiah!

Re: Under New Rules, Obama Avatars (and lots of other ...

I think this has more to do with the fact that second life has a lot of creepy pervs that would love to have a virtual Obama screwing some furry

and considering the mass effect fiasco I could easily see FOX news running a story on Obama's "Secret beastiality" or something especially considering the political leanings of the network

I think this could be for preventing stuff like that

There have always been motherf*ckers, there will always be motherf*ckers, but what we can't do is let them control our motherf*cking lives. -John Oliver, December 1st, 2008

There have always been motherf*ckers, there will always be motherf*ckers, but what we can't do is let them control our motherf*cking lives. -John Oliver, December 1st, 2008

Re: Under New Rules, Obama Avatars (and lots of other ...

I think the big issue here is people are making the av's and such and selling them, if they were tradeing them for free there would be more room for fair use and parody claims.


Until lobbying is a hanging offense I choose anarchy! Stop supporting big media and furthering the criminalization of consumers!! http://zippydsmlee.wordpress.com/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

http://zippydsm.deviantart.com/

Re: Under New Rules, Obama Avatars (and lots of other ...

I can conceive of nothing wrong with offering copyrighted, trademarked, or otherwise branded items as long as an unathorized source is getting paid. Receiving payment for the trademark or work of others without license seems a bit shady though.

So NO pre-existing copyright or trademark may be used regardless of licensed monetary commission?

Re: Under New Rules, Obama Avatars (and lots of other ...

I take it you meant "authorized source?"

Re: Under New Rules, Obama Avatars (and lots of other ...

I believe celebrities can copyright their image but politician's visages are fair game as, to my knowledge, they can't be copyrighted or protected by their owners. If this were not the case you'd have politicians doing it to 'protect' their image from political cartoons that display them in a less-than-favourible light.

I don't think the rules will be as strict as LL are suggesting due to the fact that a pretty significant portion of their user base would be against it.

Re: Under New Rules, Obama Avatars (and lots of other ...

what about Jack Thompson? didn't he try to stop a Photoshop contest about him?

岩「…Where do masochists go when they die?」

岩「…I can see why Hasselbeck's worried about fake guns killing fake people. afterall, she's a fake journalist on a fake news channel」

Re: Under New Rules, Obama Avatars (and lots of other ...

I know he tried to sue Midway because someone made him in a Mortal Kombat game, and he tried to sue a buddy icon website because there was a character in a suit gettign injured that vaguely resembled him.

Re: Under New Rules, Obama Avatars (and lots of other ...

Everyone has the sole right to exploit their image and likeness unless they've licensed that right to another or others. Political cartoons are an excluded "fair use," usually as either satire or parody or both. 

Re: Under New Rules, Obama Avatars (and lots of other ...

What about politicians? I doubt all the crappy Obama merchandise that's available for sale is in any way licensed from Obama.

 

Re: Under New Rules, Obama Avatars (and lots of other ...

If it isn't falling under the fair use doctrine, then I assume there's some calculation that a sitting politician, particularly one with as high a profile as the POTUSA, isn't going to spend their time tracking down and suing unauthorized users of their image and likeness. Best that I know, the mere fact of holding elected office doesn't negate one's rights to the use of their image and likeness.

 
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Matthew WilsonI know its not directly related to games, but are you going to tak about the fcc raising the definition of broadband to 25/3?01/31/2015 - 8:33pm
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Andrew EisenNo, they're facts. Not beliefs. Not opinions. Facts. Do I need to list them all for you again? I'm happy to oblige.01/31/2015 - 7:02pm
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Wonderkarpabout as right as Glenn Beck is about the gays, man. Its all your beliefs and opinions.01/31/2015 - 7:01pm
Andrew EisenI didn't say you did. And this talking head is still right about everything he's said so far.01/31/2015 - 6:58pm
Andrew EisenAlso, considering the number of non profits that merchandise, I'm going to guess you're wrong on that one too but I don't really know as it's not my area of expertise.01/31/2015 - 6:58pm
WonderkarpYou can keep saying that all you want. Its just a talking head, man. there's all the proof in the pudding. I never said she was trying to take away games, or get rid of male protagonists, or any of the BS thats perpetraited by her more radicalfans/funders01/31/2015 - 6:56pm
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Wonderkarpok. that one I am wrong. I'll give you that one. That was one I didnt research properly. BUT I'm right on the others.01/31/2015 - 6:53pm
Andrew EisenFact: It makes no difference whether she recorded the footage or not. Fact: yes she does have a Section 107 'fair use' disclaimer at the end of every video and in the video description.01/31/2015 - 6:47pm
Wonderkarpsaying otherwise. I've presented a video with cited sources combined with opinion. Youre presenting just your opinion. 01/31/2015 - 6:43pm
Wonderkarpits still important information brought up on the original video. and by not saying anything, the casual observer thinks its her footage. there's no "section 107 Fair use" disclaimer. Its as if she's showing star wars and saying "look what I made" without01/31/2015 - 6:43pm
Andrew EisenIf that's true, maybe she's willing to lose her tax exempt status by merchandising. So? Also not a problem with her Kickstarter. And no, I don't have to be a rep of FemFreq to point out how nonsensical, irrelevant and untrue all this nonsense is.01/31/2015 - 6:43pm
Andrew EisenShe doesn't say it's not her footage and she never said she'd record all her own footage. So this isn't a problem. I doubt she's said anything like "no women or non white people are critics of mine." Regardless, nothing to do with her Kickstarter.01/31/2015 - 6:41pm
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