Hmmm... I really don't know, I get the impression that even the lawyers are not sure, by looking at others cases. Someone asked if it was legal to make a 3D model based on a 2d image found on google, like a building for instant. Some say that it is considered derivative as the building is copyrighted, others say that it depends. Pretty much all 3D modelers uses reference images either from google or some real stuff item, which apparently in most cases, from what I can understand is illegal, even if they just get inspired by them according to some of the lawyers.

This is the original question that the person asked:

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Question:

In 3d modeling copyright law, Is it okay to base 3d models off of photographs of objects? when building a 3d model I have noticed that most, if not all modelers create their models from images found through google searches. Oftentimes they trace the objects in 3d and build from there. Is this legal? Obviously having a company's logo included in the model is illegal, but appropriating the image into 3d, is this lawful?

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Here is two answers from IP law attorneys:

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First one:

Your 3d object is likeley a derivative work of an origional i mage or picture. it is therfore an infringement of the origional copyright owner's rights. Engage an experienced copyright attorney to counsel you on your specific fact.

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The second one uses a blender as example.

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Second one:

Q: "As an example, say I want to make a blender. I go into google search and look for an image of a blender. Taking that image I begin to make a blender in 3d. I may change some of the angles to make it more to my liking."

R: Basic copyright and trade dress / design patent laws apply.

As for copyright, the general rule is that absent a license it's unlawful to create a 3D sculpture from someone else's 2D image. The 3D sculpture would infringe the 2D image copyright owner's exclusive right to make "derivative" works based on his work. But there's a wrinkle: To be an derivative work the 3D sculpture creator must create a copyrightable work. A 3D blender is NOT, however, a copyrightable "work" because copyright does not attach to "useful articles." I think copyright law does not prohibit the creation of a 3D useful article based upon a 2D photograph.

As for trade dress law, the specific, source-identifying appearance of a useful article is the exclusive "trade dress" of that product's manufacturer. Moreover, any new and non-obvious ornamental appearance of a product can be protected by a design patent [visit the link below to view some design patents claiming the appearance of blenders]. Before creating a blender that looks a lot like someone else's blender [or any product] it's first necessary to determine if the appearance of that product is protected under trade dress law or by a design patent. Your own intellectual property attorney can provide this "freedom to operate" opinion.

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I really don't know what to think, its so confusing :D Pretty much all 3D modelers could be accused of doing something wrong. So I looked at how it is in Denmark where im from and from what I can see, its no problem to get inspiration by others work, you can't obviously copy it, like Mickey mouse etc. as these are trademark of Disney and their shape, color and name is protected. Damn Im glad im not a lawyer!! :D