Machinima and Snapshot Policy

Introduction

Taking snapshots or making Machinima in-world, either supported by scripts, Viewer tools or external software are activities that require special attention with regard to copyright and intellectual property rights.
This policy describes the permissions and obligations attached to taking Snapshots or making Machinima in 3RG and is part of the Terms of Service.
If you are a professional photographer or filmmaker, this policy will hold few or no surprises for you as it is closely related to the practises you are used to in the real world.

1. Copyright license

Subject to the license conditions described below, both the Stichting 3RD Rock Grid Foundation and all the Users of the Service, grant you the following copyright licenses:
a) A License To Capture. You may take snapshots and capture machinima of the 3D content displayed in-world, and
b) A License To Use. You may use the resulting snapshot or machinima within or outside of 3RG in any current or future media.

Use in this context means: use, reproduce, distribute, modify, prepare derivative work of, display, and perform.
Both the License To Capture and the License To Use (collectively, the “Licenses”) are non-exclusive and royalty-free. In addition, the License To Use is worldwide, sublicenseable, and transferable.

2. License Conditions

The licenses are subject to the following conditions and limitations. Note that if one or more of the conditions or limitations are not met, then you cannot take snapshots or capture machinima.

2.1 Land owner consent for Snapshots and Machinima

If you wish to take a snapshot or capture machinima on another users’ land, then
a) For snapshots, check whether the covenant for the land prohibits snapshots. If it does, then you need explicit permission from the land owner to take the snapshot. If the covenant allows snapshots, or doesn’t mention them, then you do not need explicit permission from the landowner as long as you comply with all terms that are in the covenant.
b) For Machinima, check whether the covenant for the land allows machinima. If it does not, or doesn’t mention machinima, then you need explicit permission from the land owner to capture machinima. If the covenant allows machinima, then you do not need explicit permission from the land owner as long as you comply with all terms that are in the covenant.

2.2 Avatar consent for Snapshots and Machinima

For machinima, you must have the consent of all Users whose avatars or avatar names are featured or recognizable in the machinima. This includes avatars who are featured in a shot, avatars whose names are legible, and avatars whose appearance is sufficiently distinctive that they are recognizable by members of the 3RG community. Consent is not required if an avatar is not recognizable and is merely part of a crowd scene or shown in a fleeting background.

Avatar consent is not required for any snapshots.

2.3 Other intellectual property licenses

Do note that the Snapshot and Machinima licenses in this policy only apply to 3D objects visible in-world. They do not include any permission to use trademarks owned by 3RG or Users of the Service, including but not limited to copyright on music or sound recordings performed in-world. Furthermore this policy does not cover any other parts of the Service, i.e. website(s), media streamed in-world or displayed on prims (MOAP).
This means that If the content that you capture is subject to any trademark, service mark, trade dress, publicity rights, or other intellectual property or proprietary rights, you must obtain the necessary licenses and permissions to use the content yourself as stated in the Terms of Service.

2.4 Compliance with Terms of Service

Full compliance with the Terms of Service, of which this policy is an integral part, must be observed at all times.

2.5 Sublicensee or Transferee obligations

If you allow others to distribute or use your snapshots and machinima, you may sublicense or transfer your License To Use. The sublicensee or transferee must assume your obligations under section 2.3 of this Policy.

3. Legal provisions

3.1 Limitations on Fair Use or Use of Public Domain Works

This Policy does not limit fair use or use of public domain works. It is your responsibility to ensure fair use is observed and the public domain status of works is clear before relying on any fair use or public domain status.

3.2 Warranties

The content licensed under this Policy is licensed on an “as is” basis. The Stichting 3RD Rock Grid Foundation makes no warranties of any kind regarding the licensed content, including but not limited to any warranties of title or non-infringement of third-party rights.

3.3 Applicability

3RG reserves the right in its sole discretion to amend, supplement or revise this Policy from time-to-time.