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Subject: 'Copyrighted', or 'How to avoid legal entanglement'......


KingHeroical ( ) posted Wed, 03 September 2003 at 2:34 PM · edited Fri, 24 January 2025 at 8:37 AM

Let's say I make a model of, ohhhhh, I don't know.......a clock: The model is a very accurate representation of the real deal, and I put the actual manufacturers name on the skin, and then sell the model, am I infringing on any copyright issues? I ask mostly in reference to the sale of car models. Is there any issue with selling a model of a Porsche 550 Spyder, Ford Focus, Kia Sephia, etc etc? Thanks folks.


bikermouse ( ) posted Wed, 03 September 2003 at 2:52 PM

yep, could be. A lot's been hashed over on these forums about this. It somewhat depends on where you are as to what constitutes infringement, but the best advice I'd heard is to write the company involved and get their permission to use the logo,likeness etc.


ElectricAardvark ( ) posted Wed, 03 September 2003 at 3:03 PM

You would be infringing on the companies name, but not on the product. The company doesn't hold a patent or copyright on a 3d model of the clock, only on the physical clock. Same goes for cars. Except in cases where the car maker uses 3d geometry in place of the actual car in their comercials (a widely going trend) then they most likely also hold a copyright on the 3d model.


peejay ( ) posted Wed, 03 September 2003 at 4:33 PM

In the UK you would be infringing both the trading name (assuming it was patented) and the copyright of the design itself (whether or not it was copyrighted). A unique design is automatically the copyright of the designer until 50 years after her/his death. (commonly known as Hogarth's law) If the owner of the copyright can demonstrate that what you have done is their unique design - not just a clock, but their clock - (and from what you said, they could), then you are in breach of their copyright. Now whether or not they could or would do anything about it is another story. That would depend on their attitude, and what the design was worth commercially. So your clockmaker, if still alive, might well be delighted you are showing off his or her design. On the other hand I would seriously advise against trying to sell Star Wars or Star Trek stuff! A trading name (and logo) can be, and usually is, patented to prevent rivals from stealing a merchant's goodwill, reputation and market share etc. Any unauthorised use of another person's patented trading name would be a breach of their rights. Think about it. Would your Posche be as saleable if it wasn't a Porsche? I don't think so. Therefore you are potentially benefiting from somebody elses design, marketing, hard work... and they are quite rightly entitled to a slice of the action if you do. The simple rule is, as Bikermouse says - ask first. Or, to put it another way - how would you feel if someone did it to you?


stper ( ) posted Thu, 04 September 2003 at 12:48 AM

OK, say I want to model the F16. The right thing to do is email General Dynamics and ask for permission, if I want to sell the model? I don't think they'll even bother to answer.


bikermouse ( ) posted Thu, 04 September 2003 at 6:48 AM

stper, You're more than likely right about that(Wasn't the F16 Lockheed or Boeing(sp?)?). Dudley would be the guy to ask about autos, though. I'm sure he's had to research this for his 3d models. I think also Sharen of SAMS3D ran into this on one of her models too in rgards to the soft drink, Coke. Aldaron ran into some sort of trouble on a scene he was going to do involving someone else's dragons. Although therer are some "educational" fair use exceptions to copyright laws, they do not extend to commercial endevours, I'm pretty sure. As a point of contrast, with U.S.patents, anyway you have to proove 18 percent differrence and a patent search is pretty expensive. It wouldn't hurt to do a little researce to see exactly how to go about it: Most counties in the U.S.(perhaps some other countries have something similar), have access to law libraries either in the courthouses themselves or as part of that county's public library system, and I'm sure a google of copyrighr law will turn up a bunch of links. In the admin fourums section of renderosity there's a 'copyright laws' forum. - TJ


antevark ( ) posted Sat, 06 September 2003 at 2:14 AM

Isn't it the F16 Hornet? I seem to remember a post a long time ago, like 6 or 8 months ago, that was talking about some exact car replicas on sale for between 3-5 thousand dollars for commercials and movie special effects. I'll see if I can dig it up.


bikermouse ( ) posted Sat, 06 September 2003 at 2:29 AM

Nope F-16 Fighting Falcon ...I thought it was Lockheed!! http://www.af.mil/news/factsheets/F_16_Fighting_Falcon.html The hornet is tha F-18 http://www.chinfo.navy.mil/navpalib/factfile/aircraft/air-fa18.html


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