SoulTaker opened this issue on Jan 31, 2011 ยท 135 posts
RHaseltine posted Sun, 06 February 2011 at 8:50 AM
Why would you need a $10 object? That's relevant only if you are confusing "is legal" with "is unlikely to be prosecuted". Your earlier summary is in any event wrong - the Toyota case appears to show that is a 3D model is an exact copy of a real item then the maker of the 3D model does not have any claim for copyright protection as they have not contributed anything original - that doesn't mean that both the original and the 3D model are not protected by copyright, just that the rights belong to the creator of the original: if a 3D model is somewhat original then it may well enjoy protection in its own right, and as long as it doesn't infringe upon another's copyright (or as long as the maker has permission to make a 3D version) that copyright would belong to the maker. Again, no one is saying all 3D models of real items are illegal (or rather infringing) - only that there's a good chance that models of items that are protected by copyright may very well be found to be so if challenged (and of course there are also trademarks to throw into consideration - which unlike copyright must be actively protected, so if the BBC learns of Sam Therapy's Daleks they may have to act whatever their feelings on the matter).