Forum: Poser - OFFICIAL


Subject: when would a model become my own

SoulTaker opened this issue on Jan 31, 2011 · 135 posts


pjz99 posted Wed, 02 February 2011 at 6:08 AM

Quote - I would guess and it is purely a guess, a lot of the cars in the market place are done this way. Whose property is the final mesh? The image creator or the mesh creator?

Funny you should ask!  There are two aspects to this, copyright and trademark.  Logos and brand names fall under the trademark category, and if you reproduce a trademarked logo that's trademark infringement.  Trademark law is not quite the same as copyright although there are many similarities.  It is also not ambiguous.

http://www.law.cornell.edu/uscode/html/uscode15/usc_sup_01_15_10_22.html

As to the shape and design of the car itself, at least one fully executed court case (Meshwerks v. Toyota) has established that these things fall under copyright law, and that the copyright belongs to the original designer (in this case Toyota retained all rights to the 3d digital model derived from their design).

http://www.lawupdates.com/summary/tenth_circuit_denies_copyright_protection_for_meshwerks_digital_models_of_c

Again someone will probably come along and dispute this, but whatever, people try to justify software piracy and all sorts of other nonsense too.

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