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Intellectual Property in Virtual Worlds - need advice

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Marinajoy:
Many of you may not be familiar with a virtual world (sometimes called a "game") called Second Life, but it is home to many artists, graphic designers, writers, programmers, and people from all over the world.  The fascination with SL is that you can do anything you can imagine.  Literally -- if you want to do something you can't do in real life, it's possible there - virtually. Second Life's virtual currency can be converted to US Dollars, Yen, Euros, and other currencies so if you are clever you can use your skills to create things others will buy either in-world or on a web site.  The virtual items are then delivered in-world for use.  Currently the economy of Second Life is running about 150 million USD exchanging hands per quarter for goods and services.  SL has a fashion industry, jewelers, architects and hundreds of others who create what we see, wear and experience.

The problem I have is that I have some designs of wedding rings that I made and have been selling successfully for two years.  I have had a number of inquiries from people who wish to have the designs made in real life - i.e. find a jeweler, give him pictures and let him create my rings for their use.

I would like to protect my designs, and I need some advice as to how to proceed.  The items are virtual although they appear in-world to be solid objects.  The maker of Second Life, Linden Lab, claims in their terms of service that creations are covered by intellectual property laws (and do not become theirs because it's their software and hardware).

Because these designs are intangible, will the law allow me to control who makes them in real life?  I feel like I'm on shaky ground here - I doubt the law even covers virtual reality.   Anyone care to take a crack at this?

Zonath:
Your original designs will be covered by copyright laws (well, US copyright law at least, and probably the copyright law of several other countries) from the moment that they're "fixed in a tangible medium".  For the purposes of US copyright law, 'fixed' means:


--- Quote ---A work is “fixed” in a tangible medium of expression when its embodiment in a copy or phonorecord, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. A work consisting of sounds, images, or both, that are being transmitted, is “fixed” for purposes of this title if a fixation of the work is being made simultaneously with its transmission.
--- End quote ---

So, since copies of your work exist in long-term storage on second life servers, and can be perceived, reproduced, or otherwise communicated for a period of more than transitory duration, they are covered by copyright law, regardless of the fact that the designs do not exist as physical objects outside of the computer simulation.  This is somewhat analogous to an architect working with a CAD program -- the architect's designs are protected by copyright law the moment they're entered into the computer (or even drawn on a sketchpad) regardless of whether or not the actual building is ever built.  So yes, although your designs have not been rendered into any physical format, the copyright law would allow you to control who made copies of your designs in physical materials, since US copyright law allows the owner of a copyright the exclusive right to create or authorize the creation of copies and derivative works.

I would say that a good way to proceed which would allow you the greatest ability to protect your designs would be for you to register your jewelery designs with the US Copyright Office (or the copyright agency in your country, if you're not in the US and are in a country which allows or encourages registration) and have a licensing agreement drawn up which allows someone who wants to use one of your designs the right to commission or create a fixed number of copies in whatever physical medium.  A good copyright attorney in your area should be able to help you with the registration and the creation of the licensing agreement.

One extra caveat is that the coverage of your designs by copyright law depends in a large part upon whether or not your designs include enough creative expression ('non-functional' design elements outside of the mere functional elements of the pieces themselves) to receive protection under copyright law.  I'd assume that most jewelery someone would ask to copy the design for would have enough artistic flourish to qualify for copyright protection, so am just throwing this out there for completeness.

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