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「…」

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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E. Zachary KnightIf the videos are of sufficient quality that people subscribe and watch regularly, then those let's players are providing a service that people want. That is the heart of capitalism. That is not something that should be shamed.05/17/2013 - 8:06am
E. Zachary KnightI have no idea who either of those people are. However, I still don't see why making a business out of creating let's play videos is somehow evil or wrong.05/17/2013 - 8:04am
MaskedPixelanteIt sure is if you're just doing it for the money. See Tobuscus and/or Pewdiepie for what happens when people get into it just for the money.05/17/2013 - 7:30am
E. Zachary KnightWhy is it wrong to make money doing LPs? Why should that be something that should be shamed?05/17/2013 - 6:20am
MaskedPixelantehttps://twitter.com/PsychedelicSA/status/335183893214924801 Now here's an interesting, glass half full thought about the Nintendo LP thing. It outs the people who are just doing LPs to make money.05/17/2013 - 5:56am
E. Zachary KnightI responded in writing to all this "let's play" stuff Nintendo Started. No need for my permission, I won't give it. It's not mine to give. http://divineknightgaming.com/?p=29205/16/2013 - 2:21pm
E. Zachary KnightLars Doucet of Levelup Labs has a Reddit going on game companies that allow monetization of Let's Play videos. http://www.reddit.com/r/Games/comments/1egayn/lets_build_a_list_of_game_studios_that_allow/05/16/2013 - 1:04pm
Sleaker@Imautobot - yah I wouldn't use an emulator as a good first run test of how stable the console is, haha.05/16/2013 - 11:47am
E. Zachary KnightThe 50th person to jump off a bridge is just as dumb if not dumber than the 1st.05/16/2013 - 10:03am
MaskedPixelanteYeah, let's all jump on Nintendo for doing this, even though they're hardly the first company to do this...05/16/2013 - 9:47am
E. Zachary KnightWow Nintendo, this is wrong. http://kotaku.com/nintendo-forcing-ads-on-some-youtube-lets-play-video-50709238305/16/2013 - 8:44am
Imautobot@Sleaker, further gameplay has revealed that the controller button do stick under the faceplate. Also, The NES emulator (Emuya)keeps crashing on me, though I think a bad ROM is causing it.05/16/2013 - 7:10am
Papa MidnightAE: I wonder if any other publishers will follow suit.05/15/2013 - 8:12pm
Andrew EisenEA is ditching Online Pass. http://venturebeat.com/2013/05/15/ea-kills-its-controversial-online-pass-program/05/15/2013 - 7:20pm
Avalongod@Zach and quicnkold...I've read the bill and the intent of it is to fear-monger. It's not a balanced message. I don't recall the ESRB being mentioned at all. It's more "keeps your kids away from these movies/games or they'll become violent"05/15/2013 - 4:35pm
E. Zachary Knightquiknkold, The big problem with that legislation is the amount of misinformation out there. Who is going to ensure that the information in the pamphlet is accurate?05/15/2013 - 3:25pm
quiknkoldREBeardogg : I'm on the fence about this. on one side, I want parents to be aware of the ESRB, and even Movie Ratings. On the other hand, I feel this will be used for nothing but Propaganda. The ESRB does a good job.05/15/2013 - 3:07pm
IanCFrostbite is coming out on iOS devices. Yet the Wii U cant handle it? *coughbullshitcough*05/15/2013 - 2:31pm
BearDogg-Xhttp://www.politickernj.com/65515/lesniak-ruiz-bill-limit-children-s-exposure-media-violence-clears-senate - Bill requiring schools to publish pamphlets with anti-fake media "violence" propaganda clears NJ Senate05/15/2013 - 2:03pm
quiknkoldI am thinking of writing a musical about videogames, violence, and the first amendment. Would need a collaborator though and would kickstart it after the script is written. was thinking off broadway.05/15/2013 - 2:00pm
 

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