Secondary use of screenshot
RootGentle
The screen shot of the public world that I made is diverted as the background material of a certain game. VRChat admits that it is possible.
But that means everyone in the public world can take a screenshot and sell that image.
At the moment, I have no right to appeal to delete the used screenshot. That's because VRChat admits that. I think that it is sad for not only myself but also many creators.
I think there is a problem with this rule.
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100の人
If it is assumed that “permission for a third party to perform commercial use of screenshots” is included in the VRChat agreement, use from Japan will be greatly restricted.
For example, “Unity-chan” has restrictions on commercial use, so it is interpreted that although it can be uploaded from the United States of America, it cannot be uploaded from Japan.
As a matter of fact, no such agreement is included, so it can be interpreted as follows according to the laws of each country.
• For use from the United States of America, third parties can commercially use VRChat screenshots
• For use from Japan, use of VRChat screenshots is limited to citations
Also, since it's not limited to specific services, I don't think this issue is related to VRChat.
H
HappyContentCreator
Please read this carefully and stay calm. Embarrassing too.
7.2 [You grant VRChat a non-exclusive, irrevocable, free, perpetual, fully paid right and (right to obtain a sublicense) license to host, store, transfer, display, perform, reproduce, and modify for formatting purposes. To display and distribute all or part of your user content in any media format and through any media channel currently known or developed in the future.]
D
Donut2Ninja
The thing that creators need to know is that you are submitting work to a public space that has ability to capture images. You cannot claim any right to things that are visually displayed.
MrDummy_NL
If you don't want share freely, you should watermark your pictures with your own logo.
That way it's less useful for others because the watermark.
VRChat images are not bound to users, others can use it. It's public program.
Photos specially made from some worlds are also for fair use. If you dont want share too much, make your unique avatar for yourself, and use it in screenshots. Unique avatars are useless for others, because it's only from you, so you can claim it's yourself.
This is what most streamers will do it with own unique avatars. Don't use public avatars too much, they will not help you.
Keiro Kamioka
MrDummy_NL:
The his concern is, he doesn't want use other uses the screen shot of his world for 3rd party program.
hakanai
Keiro Kamioka: Welcome to displaying artworks in public. If you put a sculpture out in the real world, you can't complain when people publish a photo of that in a book and sell it.
Keiro Kamioka
hakanai
Hi, Hakanai.
I think you are mentioning to wrong person.
Well I understand your opinion.
Keiro Kamioka
I will just leave note here.....
- User Content
7.2. Limited License Grant to VRChat.
By posting, publishing, or otherwise developing User Content in the Service,
↓↓↓↓↓↓↓↓↓↓↓↓↓↓↓
【you grant VRChat a worldwide, non-exclusive, irrevocable, royalty-free, perpetual, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.】
↑↑↑↑↑↑↑↑↑↑↑↑↑↑↑
You agree that the license granted to VRChat under this Section 7.2 applies to any User Content you previously posted, published, or otherwise developed in the Service.
7.3. Limited License Grant to Other Users.
By posting or sharing User Content with other users of the Service in a public portion of the Service, or by setting any of your User Content to public, you grant those users a non-exclusive license to access and use that User Content as permitted by this EULA and the functionality of the Service.
Keiro Kamioka
RootGentle
Just to be sure, I'll confirm it.
Please let me check if it is recognized that the VRChat operation has accepted the right to sublicense (sublicense) at the time of [Your Submission].
Epsilon
I don't see any problems with it as long as the screenshots are used for nonprofit purpose. The concern that your work will be sold in the form of screenshots in the second paragraph seems to be more like a slippery slope argument here.
In fact, in the section 7.3 of the terms of service, it's written that all the users are granted with a limited right to "use" the content uploaded to this game without specifying what it means by "using" the content. This is, probably, something falling into the grey zone and nothing can be done with it except writing an extra EULA for you works, not to mention uses for nonprofit purpose that is under the protection of the fair use policy.
I am not saying that steeling someone's work for sell is fine, but I just don't see the necessity of changing the rules or even which part of the "rules" should be amended.
i
idontgetit
I'm sorry, but can you explain the issue?
You're not happy that you can't demand that the screenshot used in the game be taken down, but why do you want it to be taken down?
1) The aforementioned game is free of charge, and even if it's not, having played through it I can argue somewhat confidently that it falls within fair use.
2) What's the difference between this and uploading screenshots taken in your world to twitter, or even on monetized youtube videos? Why not go after those?
3) Are you worried about being associated with that game and its contents?
4) I'm a creator myself, and I don't feel particularly sad if someone were to use a screenshot from my world in their free fanmade game. In fact, I'd feel flattered.
日本語はまだ勉強中ので、どうぞご了承を。
正直問題がわからないんです。スクショを取り外したい理由はなんですか？
１）例の二次作ゲームは無料で配信されています。ちなみに、例のゲームはやっていましたが、もしお金はかかっていても公正使用法に守られています。
２）このゲーム内でスクショを使うのが普通にツイッターとかYoutubeでスクショや動画を上がるのと何が違うのですか？どっちかと言うとYoutubeの動画の方がお金を稼いでいるからそっちの方が悪いのでは？
３）ゲームの内容と関わるのが嫌のでしょうか？
４）自分も製作者です。VRCでもいくつのワールドをアップロードをしました。もし自分が作ったのワールドのスクショは同じく二次作のゲームで使ってもらったらそれほど印象が深く持っているからむしろ嬉しいです。
RootGentle
idontgetit:
I have made a world for those who enjoy VRChat and VRChat.
What I have a problem is that I can use screenshots of my world for works unrelated to VRChat created by someone who is not me.
And I have no right to ask the author to stop it.
I think that this game happened to be related to VRChat.
Even if this game is not related to VRChat, the author can do the same.
But if my interpretation is incorrect please correct me.
I am glad that my interpretation is wrong.
i
idontgetit
RootGentle:
I understand your frustrations, but again, I feel the case you are pushing falls within fair use. The game's contents may be based on VRChat, but it still falls within fair use.
You are well within your rights to not want your content to be used in their work, but they are under no obligation to take it down, and neither is VRChat obligated to amend their T&C to cover this issue.
By uploading a world to VRChat, you've basically agreed to the terms and agreements set forth by VRChat at that time. You can't have your cake and eat it too.
I really enjoy the worlds that you have created and uploaded, and feel it is a deep shame that you have decided to take them down over this issue, but with all due respect, this is an oversight on your part.
Please do feel free to reply in Japanese if that is more comfortable for you. I am still bad at writing but I can read with no problems.
RootGentle
idontgetit:
Well then, I'll write it in Japanese.
For example, what would you think if a game I created using a screenshot of Idontgetit's world was sold as “my game” for a fee?
I will use screenshots without contacting idontgetit at all.
i
idontgetit
RootGentle:
If you look at it from RootGentle's point of view, I can fully understand that it's emotionally disgusting.
However, in this case, the opponent said “my game,” but I can't say “I made all the content.” The names of the creators are properly listed in the in-game credit scene.
Now let's ignore emotions and look at it from a legal perspective.
With the content of the game in this case, I don't think the value of the game itself will change much whether you use a screenshot of RootGentle's world or not. Because the selling point is the story. Certainly, using RootGentle's world as a setting may make the game's story more interesting, but a screenshot of RootGentle's world is not the deciding factor. Taking an appropriate picture of the shrine and saying Japan Shrine in letters has the same effect.
In other words, in this case, both paid and free are within the scope of the Fair Usage Act.
The Fair Use Act is an American law, but VRChat is also an American company, so shouldn't it be legally judged by the law over there?
Incidentally, in answer to RootGentle's question, I think I would be honored if RootGentle used screenshots of my world in his game and sold them for a fee. Because I respect RootGentle. However, since this is just my own feeling, it is not the basis for judging this case.