Copyright

MT Filesales / MT Imvu Products – Copyright Information.

 

*Following IMVU catalogs fall under “MT” copyright: MissMaya, TiaraStone, LoveStory, Motero & Clayre

*Any and all use of copyright MT content, deliberate or otherwise, will be reported and a formal takedown will be issued to the hosting server. Aditionally, any consecuences to the third parties account (banning or account limitation/disabling) falls under the jurisdiction of the hosting server and we deny any and all responsability for these consecuences. We do not issue any kind of warning before issuing a takedown.

*The textures that are provided on our derivable items are NOT FREE TEXTURES, they are MT copyright imagery, and are authorized only to be used on the intended mesh derives. Any use on other content will be considered theft of copyrighted content and subject to a formal takedown. Unauthorized use of MT product icons or product pictures will also be subject to DMCA takedown.

*MT content does not fall under any “Fair Use” doctrine. Any and all unauthorized use is considered theft and will be treated as such.

*MT Files available for purchase on Sellfy.com are limited to use on IMVU and not to be re-sold or re-distributed in any fashion without permission. Files are only for use by ONE individual per purchase.

*List of MT copyrighted material:
– All Textures from MT IMVU products
– All 3d Meshes/derivables within MT catalogs.
– All graphic Imagery: Banners, Buttons, Clip-art, product images, product icons, etc.
– All derivable mesh textures.

 

 

Read Imvu TOSRead Imvu Community GuidelinesRead Imvu Creator Policy

 

Imvu User Advice on Copyright Infringement on Imvu… (And how to avoid it!)

 

First of all, you need to understand that Imvu products, textures and art are worth real money to their authors.
This means that if you infringe their respective copyrights you are actually getting into their RL wallets and stealing their livelihood! (for realz)
Stealing in real life is a crime, well the same goes for digital theft and, like real life crimes, it can lead right up to a scary court indictment, even if you are in another country or continent.
An artist has automatic copyright of any original material they create, the very moment they release it to the general public, the copyright is theirs. They do not have to register it anywhere for it to be copyrighted.

The Copyright part of the TOS of companies like Imvu is rather vague and it is not really easy to understand what is copyright infringement and what isn’t, so here it is, the basics just to keep you outta trouble!

 

1. Avoid using any digital material that you found on Google or any other search engine.
If you didnt make it and you didn’t pay to use it, you don’t have any rights to it.
If you are going to use images make sure that they are FREE. If you don’t know 100%, then don’t risk it.
Also, know that even if you decide to use google for your patterns and textures, you don’t have any legal claim over them so if someone uses the same exact textures as you, you can’t legally report them for it, since they really aren’t yours either. (logic!)
Artists can report theft on any platform at any time, and they don’t have to be registered on Imvu to claim their copyrights.
There are lots of websites where you can legally buy photostock that you can use as your textures, consider investing a few $ for a selection, or learn to make your own.

 

2. Avoid purchasing digital material from people who are untrustworthy, have a bad reputation, or that you simply aren’t sure of.
I would advise to never buy any files from strangers you have never heard of, you never know where they got them, and/or if they actually made them.
Ignorance is not an excuse for theft, and artist’s will still file a DMCA against you, even if you think you have legitimate customer rights, and are in reality a victim yourself.

 

3. Avoid the people who say that they are selling the files on behalf of so and so artist, unless you are 100% sure they have permission.
They may be trying to scam you into purchasing stolen property, again, ignorance is not a valid plea.
To avoid scams message the artist directly or investigate before making any purchases you might regret.

 

4. When buying Files, from anyone, anywhere, read the TOS / Terms of Service of the files in question.
You usually agree to a TOS when you purchase files from professionals.
Each artist has rules that adhere to the use of their property, if you break their rules, you are infringing copyright and they have the right to confiscate the material wherever you uploaded it.
So to avoid these embarrassments, read the rules that they lay down for you, down to the last detail.
And always remember, that just because you paid to use files, doesn’t mean that you hold ownership to them.
To purchase files does not give you full copyrights, in most cases you merely bought permission to use the files.
Usually the artist legally holds all ownership at all times, this includes filing DMCA takedowns.

 

5. Refrain for using real brands, logos, licensed characters on your products.
Recently, Imvu is reenforcing their TOS about Copyright infringement of real life brands. If you are caught using any logos/brand names or trademarked references that you do not have a license to use, one of these things may happen to you: You can get permanently banned from creating on that account, have your account disabled or lose the right to earn cash for your product sales.
This includes brands such as: Clothing Brands, Disney (or other studio brands), Music, Food/drink brands…etc. You need an artistic license to use another companys copyright material in your own product, this can cost A LOT of money in legal fees, licensing fees, attorney fees…etc. PLUS everything you do to represent a companys brand must be approved by the company’s licensing team. This is really not worth it for an Imvu creator and it is very improbable that you would earn a profit from such a venture.
It has always been in the Imvu.com TOS that we may not use other people’s brands for profit, don’t risk it, it is NOT worth it.

 

6. If someone files a copyright infringement notice against you, It can be for a number of reasons.
Think: did I make the original file? If not, did I buy it from someone? If you receive a DMCA notice, it basicly means someone has said to Imvu: “Look, this person is using this art/texture/mesh, I am the owner and I didn’t give them permission!”
If you DID NOT make the files yourself, from 0, and I mean EVERY SINGLE PIXEL, you can safely assume you have been caught using someone elses work, but there are a few reasons why you receive one of these warnings.

a) You stole something from someone, knowingly or otherwise, and got caught! You might have bought stolen files by mistake. You might have taken a google texture or imagery and the owner has reported you for it.
b) You inadvertantly derived from an item (Textures or meshes) that was stolen from someone, in this case, you can check the original mesh, if it is still visible and derivable, then you are back to “a”.

If it is either of these two cases, there is nothing you can legitimately can do about it, you may file a counter report if the material taken away is yours. NEVER file a counter claim if you cant back it up! Why? Because the original claimant may decide to take the procedure to the next step, and that means courts, lawyers and a lot of money will be involved.

 

7. When deriving, sometimes you are offered complimentary recolor textures by the mesher to use with the mesh you are deriving. Those textures are almost always for use ONLY on said meshes, they are not freebies to use whenever you wish.
If you use them on a mesh that holds no financial gain for the owner of the mesh, then they will probably report you for it. To avoid this, use the textures then delete them from your files or mark them as belonging a certian mesher.
If you wish to use the textures on other items, I suggest you ask permission first and respect the reply you get ,and if you dont get a reply don’t use them.

 

8.Copying a general idea is not a crime, although most of us would like it to be.
You cannot go around filing reports on people that made the same “style” of items as you or have had the same general “ideas”.
Only ever file a report if you are 100% sure that it is your copyright work.
If you file reports against something because it is merely “similar” to your own product you are abusing the DMCA procedure.
If you are considered to be abusing the DMCA procedure in any way, Imvu will be within rights to take your creator/earning privileges away or perma-ban you.
It hurts to be copied, and no, it doesn’t feel flattering, but don’t worry because copycats just make themselves look bad in the long run.

 

9. Avoid calling people out publicly for theft.
“Why? They stole from me, they should be ashamed!” Well, yes, we all feel that way when someone is caught using our stuff without permission, but do we really have the right to try and publicly humiliate someone for it? Answer is no, we don’t. There is a proper DMCA procedure that is there to help you if you have had your material stolen, there is no need to even contact the person who “stole” from you. There are more than one reason not to call people out for theft.
Firstly, you don’t know if they knowingly stole from you at all, they might have come across the material by purchasing it from a purveyor of stolen files. This means they are as much a victim in it as you are.
Second of all, if the person is sure of their innocence and you are intentionally marring their name, they might decide to sue you for libel defamation. If you are found guilty of libel difamation in court, you will not only have to publicly apologize to the person, but maybe even be forced to compensate them for damages.
Third and last, it’s just NOT worth the drama. Think that you are not the only person to suffer theft, some creators have this experience on a daily basis.
Nobody likes a drama-monger and you are not the only person who suffers from theft, if someone steals your work it is best to just send a formal notice to a dmca agent and just forget about it. It is safe to assume it won’t be the last time someone takes your stuff without permission.
It goes without saying that you should never consider anyone a thief or report anyone unless they have stolen your personal property, that YOU made.

 

I hope this helps you in understanding the basics of Copyright Infringement on Imvu.com, Happy creating!

 

DISCLAIMER

This advice is provided through 7 years of experience as a creator on Imvu and personal research on the subject disclosed.
Although every effort has been made to verify the accuracy of the information contained above, mayatiara.com disclaims all liability (except for any liability which by law cannot be excluded), for any error,inaccuracy in, or omission from the information contained on this website or any loss or damage suffered by any person directly or indirectly through relying on this information.
The information contained on this web site is general in nature and does not take into account anyone’s personal situation.
You should consider whether the information is appropriate to your needs, and where appropriate, seek professional council from a lawyer versed in DMCA law.
mayatiara.com does not pretend to express in any way the opinion of Imvu.com, Imvu staff, their agents or Imvu policy.

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