Can i sell copyright protected items ?

Hello community, I have a question regarding selling copyright protected items. I am no expert on these things and maybe someone can help me out.

I was always under the impression that if it's not your own idea, concept or work don't sell it, unless you've got a legitimate license for it.

After some research i've found out that most people don't know or simply don't care about that, even Shapeways content policy states "Please do not" , instead of "it is not allowed".

Companies like Nintendo, Sony, HBO, Microsoft, Valve or others don't give out licenses to little entrepreneurs, but still the Shapeways galleries are filled with : Zelda, Pokemon, StarWars or other protected things like Internet Memes and such.

Even Shapeways itself is featuring ( Frontpage, Twitter, Facebook etc. ) these people on a regular basis.

I know that even if a lot of people do it doesn't make it right, but if it is illegal to sell those things, why does Shapeways support these people by featuring them, they should know better?

This topic comes up every few weeks, you should find out enough in the first few pages of threads on this forum if the "Content Policy" information at the bottom of the web page does not satisfy you.
TL;DR: Look up the "save haven" concept of the DMCA. Shapeways does not intend to get drawn into policing all customer content, but will react to any takedown request from a copyright holder (who may also elect to sue the "designer", not shapeways the service provider, for infringement).
Shapeways has recently negotiated a relicensing programme with Hasbro dubbed SuperFanArt (which is basically invitation-only), so at least some of the My Little Pony stuff is actually legit. For everything else, it is up to the copyright holders (alone) to take action if and when it suits them.

Thank you for the explanation mkroeker,

Bottom line, I can do what I want till the point I get caught by the copyright holders.
I can even get featured by Shapeways, although those models are illegal uploaded.

Wow, that's a surprise and now I understand why so many people do it.

With that in mind, let's get to work.

May I suggest that you be careful. Expressing the sentiment "I can do whatever I want" on a public forum moves you from accident to intent, and claiming "Sorry, I didn't know" then won't work when the copyright owner takes you to court.

It is one thing to copy something without knowing the rules, it's something entirely different to knowingly violate them

Thank you stonysmith for your advice and input.

By the looks of your own models I take it that you risk getting taken to court, too ? Have you encountered any problems with that?

I've encountered no issues so far. Several of my items are stylized versions of common things (such as trackside relay boxes or traffic cones) and I don't claim them to be any specific model or manufacturer. Then, when it comes to Locomotives, etc. the railroad companies care more about their color schemes and brand name than the specifics of which locomotive it is. Since most of my stuff is produced unpainted, I'm not stepping on any one railroad's brand name. There is also the fact that I model a good number of items that are more than 50 years old.. it's unlikely that the mfgr is even still in business, but if any trademark owner did express concern, I'd willing take the item down.

For an upcoming product, I recently signed an agreement with Bombardier.

This is a railway car built in 1904 by Osgood- Bradley... they were bought out by Pullman, and then Bombardier bought Pullman. Bombardier still protects the Intellectual Property rights for these old designs, although there is no real commercial value in them today. It's their right, and I fully respect that. Bombardier takes care of this with a simple standard agreement... of course, I'd expect them to be much stricter with current aircraft or railway equipment designs.

If there is any likelihood that an issue could arise with IP rights, always ask first. It's only common sense and courtesy. Models printed for your own use would be considered fair use, but the moment you produce anything to sell, the rules come into play.

Licensing, or at least permission, are part of everyday business in the real world. We are bound by the same rules and expectations as large corporations. None of us need to end up in a law suit by carelessly stealing someone's IP rights.

Steve Hunter

Of course the other point is for 3d objects, other than sculptures, there is no copyright.

There may be design patents, or trademarks which would make it illegal to use a design, but not copyright.

It's an important distinction as design patents last a short time and trademarks have to be registered and enforced where as copyright is automatic and last a long time.

For most utilitarian or non-art objects more than 20 years old IP is not something you need worry about.

If you think about this it makes sense - if copyright existed in everyday objects no one could ever take a photo of them with out infringing on it - although it would be a transformative work rather than a copy that we 3-d artists would make.

You do have to be careful about making copies of distinctive trademarked items though - you can be accused of "passing off" your item as one if it's a copy. This is under trademark law and not copyright though.

Tom

No. It is illegal. Copyright protection is an option to protect your product from unwanted sell.

Indeed that is true - though I would replace sell with copy - the problem in our context is that there is no intrinsic copyright in most real 3-d objects out there.


It's worth reading this to try to get an understanding of the current situation.
https://www.publicknowledge.org/files/What]<a href="https://www.publicknowledge.org/files/What's%20the%20Deal%20with%20Copyright_%20Final%20version2.pdf" target="_blank">https://www.publicknowledge.org/files/What[/url]</a>'s%20the%20Deal%20with%20Copyright_%20Final%20version2.pdf

Tom

Regarding railroads and trademarks, I remember when the storm blew up in the model railroading hobby a couple decades ago. Suddenly all the big names were getting heavy with model manufacturers over the use of the old trademarked liveries from their predecessor companies. Seems the modern roads still own the designs of all their fore-bearers, and some lawyer pointed out that they might lose trademark rights completely if they weren't seen to defend EVERY infringement, even if it was only a small company turning out a few toy trains. They had the right to clamp down, of course, but what made it messy was the way their mega-sized Marketing & Legal departments simply couldn't understand the damage their terms & conditions inflicted - they were used to dealing in multi-million-dollar amounts, when the likes of Athearn etc could barely cope with fees of thousands! It all kinda got ironed out in the end, but essentially anyone wanting to "legally" use the logo of an old railroad these days has to get an agreement from the trademark owner.

However, trademark is all about recognisable "brand" images and rarely extends to physical design of machinery, so unpainted models of hardware are rarely affected. (Except icons, like the classic Jeep grille, of course! Those are indeed trademarked...) That's why Stoney's unpainted models of old trains haven't led to a knock at the door. Modern stuff might be both patented and trademarked - best to find out!

Copyright is a whole 'nother ballgame...

The "you must defend your trademark against every infringement is a fallacy" - but probably one that executives everywhere are encouraged to believe by trademark lawyers..........

I must admit it find it hard to see why so many people these days gets so uptight about ownership issues in intellectual property in cases when there is no financial benefit to be gained.

It's an interesting contrast to the way it was in the 1950's when the Santa Fe railroad paid Lionel to sell their latest diesels in their livery.

I would strongly suspect that the cost of drawing up a licencing agreement with your average model railroad manufacturer is going to be more than the likely licence fees.

Tom

Well, whether it is true or not, the CEOs and Legal Departments certainly believed it! I think in the end everyone saw sense, and the "small fry" get usage deals at peppercorn rates again, but for a brief while it really scuppered a number of product lines. In the plastic-modelling hobby this has led to a rash of "1/4-ton truck" (eg "Jeep") kits to get around the lawyers...

I guess the point with trademarks is to ask politely, spelling out how your product will only add good PR.

I shudder to think how much the legal fees are at a major railroad, just to squash a wayward decal-maker! Might explain the high cost of train tickets.

We see this type of conversation happen from time to time. I appreciate mkroeker summing up the major points of the Content Policy thread and appreciate the insight from the other contributors.

The thing I would note is that our Content Policy specifically states that, when you upload, you are acknowledging that you are the rights holder of that design--whether through licensing, ownership of the copyright, agreements, etc.

Please do know that willful violation of our Content Policy may have legal consequences but it can also mean that your account is banned from our site. We try to be an open community and encourage designers in their creativity. Shapeways enables people to 3D print whatever they can imagine, which unfortunately occasionally includes things that already exist and may be covered by copyright.

While we do what we can to ensure the content on Shapeways is appropriate, we cannot realistically review every single model uploaded for a possible copyright infringement. We are also unable to determine whether the user has obtained a license for copyrighted content or are the original copyright holders in a dispute. As a service provider, our liability is protected by the Digital Millenium Copyright Act under their Safe Harbor provision. (More details can be found here on Wikipedia: en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act)

What this means is that while Shapeways is protected by the DMCA, individual users, like yourself, are not protected and are thus liable for any penalties resulting from copyright infringement. We do not encourage infringing known copyrights and we are not legally able to provide specific advice on a case by case basis.

All that said, we are also a community that is about creation. In that, we ask that we all work together to encourage the type of community where sharing and creating does not violate trust and end in deception. When you willfully violate others' rights to their creations, it is not just a legal issue but an issue of violating the trust of our community.

We highly encourage you to not go down that path. We want your creative energy to add to our community, not to simply profit from it.

If you don`t have a written act with the right of doing it the answer it is : NO!. It is illegal to sell copyrighted content that you don`t own right on it.

You will be forced to pay damages by every item sale at maximum damage the owner wants under law of his country not your country.

You must draw , and research and create your own content.

Shapeways it is like Youtube , you create something , you have full right on the work if it is : original. Originality it is the main condition that a work to be covered by copyright , valid for patents , and trademarks too. Originality it is defined by : personal research to make a new idea from multiple ideas to result a new product. Some call it "vision" , or "innovation".

If you make a product from someone else drawing the creator of the drawing own the copyright on your work.

If you make the drawing and make the product , you have full ownership. (3d modeling can be done freestyle mode , in that way , a drawing is not present , but the originality still exist if designer /sculptor impose his style ) <- recommeded way of doing things here on Shapeways and same for Youtube and other creative portals.

Other advice and this apply to everybody reading.

Before you sign an Intellectual Property contract always talk with a local lawyer , there are scammers that force artists hand for signing the contracts. And after they lose everything they do.

Contracts can sound "good" for general people , but a lawyer will read it different , and some "nice words" can be deceiving.

So even if you hate lawyers , it is better to get to a local lawyer and as for individual advice by case.

Intellectual Property in International Law it is protected and given only for original works and originality it is the basis on all intellectual works protection.