pzrite opened this issue on Jul 19, 2011 · 24 posts
millighost posted Thu, 21 July 2011 at 8:01 PM
Quote - > Quote - I think some of the comments made sound absolutly insane! If you were proposing to make a production run, and sell the things, then there might be some sense to all this legalistic crap, but for one item to put on your own shelf? Come on folks get real!
I agree. But if the 3D Printing companies refuse to create these models because of legal issues it won't get me very far either.
This is very unlikely. To deny their service to you, they actually need to know that you actually are prohibited of creating a model. Otherwise it is not their problem and probably not worth their effort (this might depend on the price however, if such a print would cost, say $100.000 they might ask for a written statement, or ensurance or so).
Quote - And besides I'll barely have enough money to have a model made, let alone to go out and hire an attorney for something this insignificant. I'm all for respecting artists' property and rights, but really is there a big difference if I print out a Poser/Daz character on a sheet of paper, hang it on my wall or print it out as a 3D model and put it on my shelf?
Note: this is actually more personal opinion than real legal advice:
The exclusion statement ("...does not grant permission to create tangible objects...") is not for respecting the artists rights (although some artists probably think it is, and in some cases it even is); the reason is, that most 3d-models are models of real objects, and there usually is a market for those real objects, too. But this market of real objects is not the same as the market as for 3d-models, so you normally can simply create a 3d-model of a real object and sell it, without asking for permission. But when you create a real (tangible) model of something, you are moving into the market of real objects, where copyrights are held by other people or companies, so of course the creator of the 3d-model (or the reseller in case of renderosity) cannot give you explicit permission to create a model.
Here is an example: There is a 3d-model of a Ford Model-T in the RMP. You might get the permission of it's creator for creating a real (tangible) model of it. You go ahead and create a life-sized Ford Model-T lookalike, and sell it for many dollars. Now Henry Ford knocks at your door and says "Hey, you have stolen my car design". You answer correctly "No, Mr. Ford, i have a written permission of <name of 3d-artist> here.". Mr. Ford probably will not be satisfied with this. Was the 3d-model-creator be right to give you the permission? Henry Ford would likely pay <name of 3d-artist> an unpleasant visit to find out why he is giving licenses for producing Ford cars away. This is the main reason you probably will not get an explicit permission for creating real world items out of 3d-models from their creators. And even if you do, you should better be sure, that the 3d-model-creator actually has the right to do so; most often the creators of 3d-models do not have this permission themselves.
Since in your case the part where you sell the model is missing, i personally would just go ahead and try it out. If you want to be absolutely on the safe side, you indeed would need to get the permission of the original copyright holders (and of the 3d-model-creator, if you are polite) and/or a lawyer, and, of course, do not rely on what you read in an internet forum :-)