Legal Question in Intellectual Property in New Jersey

Is there such a thing as copyright for an virutal item in a game?

Asked 12 minutes ago - Sayreville, NJ

Intellectual Property

I have recently bought an item in a virtual word game (secondlife) i purchased the item thought the games own marketplace. The game does not check every item in this marketplace.

Today i have received an email saying that they have deleted this item because it was a copy of someone else's intellectual property. I asked the game company for a refund to my money and they say they couldnt refund it.

My questions are:

1: Is it acccutally possible to copyright items in a game. Considering that it is possible to copyright s 3d model, once it is transfered into the game wouldnt it become the property of the game.

2: If i paid real money for said item, and the game company itself does not check submissions by users into the marketplace to be sold, is it not the games responsibility to not sell copyrighted material in the first place?

3: Shouldnt i be entilted to my money back?


Asked on 10/20/12, 5:44 am

1 Answer from Attorneys
Nancy Delain Delain Law Office, PLLC

Copyright applies to any work of authorship that is affixed in a tangible medium. Secondlife is a "tangible medium," so yes, it is possible to copyright an item in the game.

You may be entitled to get your money back, but the legal battle to do so would far out-price the amount of money you paid for the item to begin with. You'll spend $thousands in legal fees and court costs with no guarantee of winning.

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Answered on 10/20/12, 3:13 pm


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