There’s a lot of speculation and guesswork circulating about Intellectual Property as it applies to 3D printing so here is a very general overview of what Copyright means for you, for Shapeways and 3D printing in general. While this is a fascinating topic, please keep in mind this blog should not be construed as legal advice and the author is not a lawyer (as much as she wishes she was!).
What is Shapeways Content Policy?
While we want to enable people to 3D print whatever they can imagine, this does unfortunately occasionally includes things that already exist and may be covered by copyright. In our Terms and Conditions, we ask that our community respects the rights of other designers and only upload their own original work or work that is freely available through a Creative Commons license. While we do what we can to ensure the content on Shapeways is appropriate, we cannot realistically review every model uploaded for a possible copyright infringement. We are also unable to determine whether the user has obtained a license for copyrighted content. As a service provider, our liability is protected by the Digital Millennium copyright Act under their Safe Harbor provision.
Shapeways is a safe harbor under the DMCA, and thus acts much like YouTube. In order to comply with the DMCA and protect intellectual-property-right owners, we follow a takedown process when we get a Takedown Notice. You can read all about it in our Content and Takedown Policy.
Ryan Kittleson’s success kid is a real life licensing success story
What are all these legal terms?
Very briefly, Intellectual Property covers a broad range of various legal terms:
- Copyright: protects any expression that’s embodied in a tangible medium. Your child’s drawing is protected by copyright and STL’s are protected by copyright.
- Trademark: protects symbols, words, designs, logos, and even trade dress of products and services when used in commerce, like Coke or Apple.
- Patent: protects inventions that are novel and non-obvious.
- Right of Likeness / Publicity: protects the right of an individual to control the commercial use of his or her name, image, likeness, and to keep it from being commercially exploited without permission.
For a brilliant 5 minute explanation about how all these terms differ, I’ll let a fellow jeweler, and real life lawyer Sarah Feingold explain, using Ring Pops.
For this post, let’s focus on Copyright. What is a Copyright anyway?
In the US, copyright is a form of protection for original works of authorship fixed in a tangible medium of expression. Copyright protects, for example, literary, dramatic, musical, and artistic works, such as paintings, sculptures, poetry, novels, movies, songs, computer software, and architecture. You’ll be glad to know copyright also covers STL (and other 3D printable) files, much like it covers MP3′s and other digital creative media. Copyright covers both published and unpublished works. With exception, copyright protection exists from the moment of creation and lasts until 70 years after the death of the creator. Fascinated? Read Copyright Basics on the website of the United States Copyright Office to learn more.
What does this mean for you?
If you create and upload a 3D model on Shapeways or anywhere else on the internet, it is copyrighted. You don’t have to do anything, except choose how to enforce protection of your work. You may choose to do nothing, a celebrity may choose to hire a legal firm.
What about other people’s Copyright? How can I tell?
If you see something on the internet and want to create a 3D model of it, it’s best to ask permission first. On many sites like Thingiverse, TurboSquid or Sketchfab you can see if someone has put their work under Creative Commons – which may allow you either share it on other sites, to print it for yourself, or in some cases, sell it. The distinctions are clear, and worth checking. Designers may well be flattered you want to turn their artwork into a tangible format, others may not want you to profit from their ideas. Ask! On other parts of the internet, like blogs or reddit, it may be harder to quickly establish who the author (and thus copyright holder) is. More often than not, somebody owns the copyright. Shapeways can neither be judge or jury in this case, as we cannot know the entire catalog of copyrights on earth, so it’s up to you to do your research.
But I see other people designing copies on Shapeways!
If in your research you see other models on Shapeways that seem to be using copyrighted work, that is not an incentive for you to create your own. Remember, Shapeways is a safe harbor of user generated content, so we do not (and can not) check every upload for copyright infringement. Those models may well be the original creations of their authors, or the designers may have licensing agreements in place (SuperFanArt models for instance have licenses with Hasbro). It is also very possible that there are infringing copies on our site and they may well receive a takedown notice.
So what are these Takedown Notices?
Shapeways as a company is bound by the Digital Millennium Copyright Act (DMCA) and we are a “Safe Harbor” meaning we have a harbor where anyone can put their boat. This is what’s known as “User Generated Content.” Under the DMCA, to keep being a safe harbor, Shapeways agrees to a Notice-and-Takedown process. If a copyright holder identifies an unauthorized use of their work on our site, they must notify us with a proper DMCA Takedown notice, as detailed in our Content Policy. Rest assured, this is not something we take lightly. A DMCA Takedown is a specific legal document that contains statements of good faith made under the penalty of perjury. There could be costly penalties if the sender makes material misrepresentations about the infringement. We investigate and correspond with each and every notice we receive. We then notify the designer and remove the model from Shapeways within a reasonable amount of time.
If a designer feels the takedown is in error, they have the option to send us a Counter-Takedown, the process is also detailed here. Legal defenses such as “Fair Use” which take into account things like valid commentary, criticism, parody, news reporting, and teaching, consider many different factors, and can be quite difficult to prove. Unfortunately, Shapeways is not the one to prove it to. We can not consider any defenses a designer may have as we’re not a judge or jury, we can only introduce you to each other and let you work things out. Since we can not provide legal advice, we suggest you reach out to legal experts in your area.
But don’t despair! Some of the outcomes we have seen in the past range from a designer showing they have the rights to a design, a copyright holder upholding their rights, a community member getting a job at the accusing party’s company, a profit-sharing scenario on a model and, ideally, an opening up of Intellectual Property by a major brand: SuperFanArt with Hasbro.
So what CAN I do?
If you get a takedown notice, don’t panic! Use it as an opportunity to learn about what is and isn’t copyright, and to develop your own work. Use your imagination! Making original content is the best way to avoid any legal issues. Taking the time to create your own original content, including 3D modeling, taking product photographs, writing creative descriptions and marketing your products, not only prevents infringement, it showcases your creativity and will set your shop apart.
Here at Shapeways, we provide the tools and YOU bring the magic, and we love seeing what you create! Like this incredible bacon mobius strip.
Still need inspiration? Take a look at public domain works! Many artworks in museums are in the public domain, which means copyrights on them have expired. There are people who may never have expressed an interest in art now excitedly walking around the Met 3D scanning art! The Met has embraced it, so has the Smithsonian, so maybe it’s time for a museum meme mashup?
Use 3D printing to solve a problem! We’re seeing an explosion of drone parts and gadget acessories – making add-ons to your favorite hardware is creative innovation at its finest. Solve a problem! Have you seen the e-NABLE hands helping children? Incredible.
Ultimately, we see 3D printing as a technology full of creativity and not about copyright infringement. With any new technology that’s democratizing access to a tool, infringement is possible, but what we’re enabling at Shapeways is a community in which original innovation triumphs.
This post probably raises more questions than it answers so please lets continue the discussion in the comments. If there are other topics you want us to cover, let us know!
This information is for educational and informational purposes only. The content should not be construed as legal advice. The author and Shapeways disclaim all responsibility for any and all losses, damages, or causes of action that may arise or be connected with the use of these materials. Please consult a licensed attorney in your area with specific legal questions or concerns.