Hey Everyone,
My friend and I have setup a 3D Printing service and have been approached by some people with designs that they want us to print for their personal use from Thingiverse. But the models have a “Non-commercial” clause on them. Are we able to invoice them for the cost of the print? Or is it still a breach of the license? Thanks for your help.
Print it.
Best consult a lawyer on that one. We cannot give legal advice. It could be argued that you’re simply charging for the machine time, and not for the piece that actually comes out of it - but it’s up to you what kind of risk you’re willing to take. Also, another option might just simply be trying to contact the author of said design.
That license, in reference to 3d printable models, is usually interpreted as follows: You do not have permission to download this model and print it to sell, but you do have permission to download the model and pay someone to print it for you. In other words, they can provide the file and ask you to print it (because what you are selling is 3d printing service), but you can’t provide the file and ask them to buy it (because what you are selling is the 3d printed object designed by someone else).
This is how it is usually interpreted, but this interpretation (and the applicability of the terms of the license with regard to IP laws in various countries, and the applicability of copyright to digital designs for physical objects) has not been tested in court, and IANAL
I would see it very slightly more broadly, in that they don’t have to provide you with the file so long as they come to you and request you print a specific object without your soliciting them to use your service to print that object.
To put it another way: You can download the file and print it for someone else (and get paid for the time/filament/electricity used) so long as they come to you and request you print that thing. But you can’t, for example, have a list of other people’s things that you can print because then you’re using those non-commercial licensed items for a commercial purpose (in this example, drumming up business).
But I have very little experience with IP, and that’s not meant to be a legal opinion you can rely on.
Can’t you ask for a suggestive donation instead?
If an eventual judicial interpretation of the non-commercial license held that paid printing of non-commercial licensed designs violated the license terms, calling that payment a “donation” wouldn’t change anything. Especially if the donation is mandatory, but probably even if it weren’t.
I am in an Australian school, where in a situation like this, a one-off printout that should not be commercialised for whatever reason, we are instructed by the managers/legal people here to propose a donation. But best luck over in the USA, it sounds to me like an over preoccupation with the law. Will let you do the worrying 
Thanks for your replies everyone. I’m in New Zealand, just appreciate the Open Source movement and want to give credit where its due. Wouldn’t have a 3D Printer if it wasn’t for the Open Source/ Maker movement.
@Andy_Crowe if you have folks in wgtn that need prints, let me know, I’ll shortly be in a position to do multi material stuff with HIPS supports etc. Wrt to copywrite/usage licencing laws down here, you are pretty safe, the onus is generally on the copywrite holder to pursue you for infringement and so long as the client brings you the file, you are just providing printer time. The moral question is a bit harder to answer but if you frame it in the context that the files are posted on Thingiverse so people can print them but not everyone has a printer of their own, you are leasing them time/materials on your printers to allow them to print the object, during which time they (arguably) effectively own the printer and whatever its printing.
Thanks @Tim_Rastall , just wanted to sound it out with others. We up in Auckland, and have a connection with a Youth Centre up here that we want to run 3D Printer workshops out of, and hopefully inspire them along the way. Will definitely keep you in mind. Hoping to upgrade to Dual Extruder myself.
I think services like Shapeways have a TOS agreement that you have to click through when you sign up saying that you certify that you own or have the appropriate permission to use (actually, they probably leave out the second part to further cover their own asses) any files that you upload to the service in order to absolve them of any responsibility.
Don’t forget that you can’t advertise with the model. Can’t offer it in a catalog too.
Did you say what country the service is offered from?
When I made my first printer of course I had to get someone to make the printed parts. I simply gave then a roll of PLA the rest of the roll to keep for themselves. At present I’m designing a new printer style, my Cablebot. I have no intention to sell it and when the files are online I really want others to copy it. I would not care if you charged someone to make the parts so they could make my design, because they would be where I was when I started. I would not be as happy if someone started to manufacture finished units using my designed parts for profit without being part of the R&D or at least asking me first.
@Marcus_Wolschon we are in Auckland, New Zealand.
What if: I have a web site that asks for thingiverse Id, provides a real time print service quote, with a shapeways type t&c. Would that be legal…
If anyone in NZ needs some small metal parts for free’ish. We have just started printing in wax-like material for lost wax casting (beta testers). We can send you prints but you will need to pay for casting with your local casting company.
I have some things under non commercial. The reason is then normally because I still have plans for it, eg in my own shop.
If I would be contacted for those by somebody who wants to offer them, I wouldn’t mind under a reasonable licence/donation to do so. I think others with such licence would do likewise, provided the item is not a copy of a protected item (eg a pokemon figure).
In the meantime, you can print this from me 
: http://www.thingiverse.com/thing:56257
It’s called processing & handling, you can always recover the cost of time, materials, and shipping regardless of licensing models as long as there is a personal use clause.
I am an IP lawyer in the U.S. (Texas) and have a Prusa Mendel from MakerGear. Remember the old adage: It is better to seek forgiveness than seek permission? Well DO NOT follow that line of logic! You have better things to do than dealing with an angry author/developer (whether s/he is right or wrong). I suggest that If you have doubts as to whether you may violate the relevant license, send the author/developer an email, explain your situation and try to get permission to print for the intended purpose. Offering to give attribution for the print file at your event or on a website never hurts to “seal the deal.” If they say yes, follow up with a thank you note and keep the dialog going, it may lead to something of interest. And if they say no, then you know where you stand on that print file and you can move on to the next author/developer.