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The rocky legal landscape of virtual worlds, Part 3: Copyrights

28 Nov 2008

Part 1 of this three-part series on intellectual property law in virtual worlds discusses trademark rights as applied to virtual goods. Part 2 addresses patent rights, including how patent rights can be obtained based on actions performed in virtual worlds, and whether patent rights are enforceable against virtual infringers. Part 3 delves into copyrights: how they can be obtained based on actions performed in virtual worlds, and how to protect your rights when your copyrights are infringed in virtual environments.

Copyrights are perhaps the most common type of intellectual property (along with trademarks), and are the first stop when it comes to protecting software-based products. This is because copyrights, which protect a particular expression of an idea, exist automatically upon fixation of an author's work in a tangible medium of expression.

This means that a graphic designer's works are protected the instant they are drawn on paper or saved on a computer. A software programmer's works are protected the instant they are saved to disc. As a prim sculptor, clothing designer, builder, artist or architect in a virtual world such as Second Life, your house, sculpture, clothing, or other prim- or graphic-based work is protected the instant the virtual world servers save your work so that you or others can subsequently see it.

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