January 06, 2007

What Does Copyright and DMCA Mean in Virtual Environments?

A CNET News.com virtual interview with Anshe Chung, the Second Life's biggest land owner, was sabotaged by animated penises and pictures of the avatar's owner Ailin Graef. I guess this is the virtual world's equivalent of red spray paint on furs.

The incident may have long lasting ramifications in respect to copyright. The video of the virtual attack has been posted to YouTube and Google video. Snapshots have been published in newspapers. Graef has claimed copyrights violations under the Digital Millenium Copyright Act (DMCA) for those that have used the images of her avatar.

In the Second Life environment, no one argues against the fact that each person owns the copyright on anything they create. The media sources are claiming "fair use" for sharing the video. The CNET News.com article relates it to the same thing as a news cameraman filming an incident and the TV news showing it on the evening news.

I am in agreement with this theory. The virtual world is no different than the physical world. If you hold a press conference, video and/or pictures of the activity will be and should be shared. It appears Graef (Chung) is abusing DMCA in this situation.

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