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Copyrights [message #56997] Sat, 17 November 2012 17:15 UTC Go to next message
avatar DOORAG  is currently offline DOORAG
Messages: 7
Registered: November 2012
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Junior Member
Hello everyone,

Just wondering about the copyright laws. I see people making objects and characters from movies and video games and I wanted to know if you need to ask permission to create those things or is it ok to create something that you see on television for example... Thank you for your help.
Re: Copyrights [message #57003 is a reply to message #56997 ] Sat, 17 November 2012 20:12 UTC Go to previous messageGo to next message
avatar mkroeker  is currently offline mkroeker
Messages: 1947
Registered: June 2012
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Shapie Expert
Only a lawyer (which I am not) in your local area/jurisdiction (where again I am very likely not) can give you a
definite answer on this, but the crucial difference with most likely be whether you are copying somebody else's
work for your own private and personal use - probably considered fair use - or if you intend to display or even
sell it to others. In the latter case, obtaining a license is most certainly required - even if the copyright holder
himself might not be interested in producing such pieces himself, he may have sold exclusive merchandizing
rights to some other company, or he may not want to see a key work of art trivialized by mass-marketed copies).
Also note that even if you know that the artist/designer in question died a few decades ago, the copyright will still
be held by his estate.
Re: Copyrights [message #57004 is a reply to message #56997 ] Sat, 17 November 2012 20:23 UTC Go to previous messageGo to next message
avatar stop4stuff  is currently offline stop4stuff
Messages: 3118
Registered: June 2010
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Shapie Expert
Are you sitting comfortably?

With 3D printing, not only is it necessary to pay attention to copyright, it is also necessary to pay attention to design rights - if one cares about such things.

The IP rights owner has the opportunity of retribution via various local and international laws or treaties.

Some people have style combined with ethics, some people just don't care that they are ripping off someone else's creativity,

Upshot is that, if you have ethics, ask the IP rights owner if they have any restrictions on their designs, brand names etc, most do and if you play fair then everything is cool - otherwise the risk the difference between a happy life and maybe always looking over the virtual shoulder, waiting for that email, letter or court order telling the consequenses of such behaviour.

Personal choice for me is, use stuff for inspritation, but never, ever blatantly copy Wink

Paul



Re: Copyrights [message #57006 is a reply to message #57004 ] Sat, 17 November 2012 20:39 UTC Go to previous messageGo to next message
avatar DOORAG  is currently offline DOORAG
Messages: 7
Registered: November 2012
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Junior Member
Thank you both. The question was intended with the idea of production and not personal use. So playing it safe and asking would be the best way to go about it. I just thought it was interesting to see so many objects on Shapeways that are from tv shows, movies and video games that I thought I might be missing something.
Re: Copyrights [message #57007 is a reply to message #57006 ] Sat, 17 November 2012 23:17 UTC Go to previous messageGo to next message
avatar mkroeker  is currently offline mkroeker
Messages: 1947
Registered: June 2012
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Shapie Expert
Well, some creators of such "fan-art" may actually have requested and received permission, some may be just loosely similar enough
to the "original" to be recognizable while avoiding a lawsuit, and some may just not yet have had the special pleasure of a cease-and-desist.
(Maybe the copyright holder's lawyers are too busy with more important infringers, maybe noone there is interested in going after the small
fry until an overzealous new lawyer or regional manager enters the scene). Shapeways has made it quite clear in their terms&conditions
and content policy statements (see the links in the footer of their webpages) that they will not be party to infringements and that they will
honor DMCA takedown requests.
Re: Copyrights [message #57154 is a reply to message #56997 ] Tue, 20 November 2012 15:27 UTC Go to previous message
avatar natalia  is currently offline natalia
Messages: 833
Registered: September 2008
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Senior Member
I work here
Hi guys,

I actually recently updated the Content Policy to be more helpful with these kinds of questions, thanks mkroeker!
http://www.shapeways.com/legal/content_policy

The general rule, as has been touched on by the answers posted here, is, we don't encourage infringing known copyrights.

This is our official stance:

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 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 Millenium Copyright Act under their Safe Harbor provision. (More details can be found here on Wikipedia: http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Ac t)

What this means is that while Shapeways is protected by the DMCA, individual users 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.

I hope that is helpful!

Best,
Natalia


Shapeways Community Manager

 
   
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