I realise that as far as the recent debacle in concerned, this is closing the gate after the horse has bolted, but for future protection, I am going to register US copyright for my models.
BTW - I am reading the documents on http://copyright.gov as we speak:-) So, not expecting you to do my work for me:-P
I have a few questions to ask the group:
Has anyone here registered their 3D object files for copyright?
I plan to add the publish photographs of each object to the application as well, I assume this is acceptable.
As I make more models can I just add them on or do I need to make a fresh application (I believe I can)?
I can’t tell you how sad I am to see and read about all this. I’ve been following your posts since they first appeared and while none of my designs ended up on eBay (rocketry is so ‘niche’…), I don’t get the warm and fuzzy anymore much as I experienced with the whole Social Media thing…sigh…
It’s one application per object. You can lump things together a bit if they’re all published together (ie a chess set, multipart model, etc…) but otherwise each design would require a separate application.
That lumping criteria should make it ok to include the photographs in the same application as the CAD model, though.
Trademark will work a bit differently, you couldn’t trademark your designs unless one of them is your logo or identifying graphic. But in that case you’d be trademarking the underlying logo/symbol/mark and not the CAD file you would use to actually produce the mark. One prerequisite to registering a trademark is that it has been used in interstate commerce, so make your mark/logo/etc then put it on something and sell it across state lines and you can apply for the federal trademark.
Oh and I have never registered my objects since I posted them to share with the community with the explicit intention that they not be used for profit. I created some objects I shared on TinkerCAD as well for a PluralSight class. But now, the next time I post something, I’ll rethink the licensing and registration.
Tbh it was all just a matter of time before the bubble burst. 3D printing is still in its infancy, we haven’t even begun to imagine the full scope of piracy and theft. So think music and movies on piratebay, now imagine practically everything ever made, available via torrents.
It’s something that the planet needs to sort out now before it’s too late. Piracy right now is nothing compared to what it can be.
Im sorry to hear about your woes Louise. I feel your pain. I’m a producer and songwriter and it’s pretty disheartening to see your heart and soul and a years worth of work end up on some Russian download site a few hours after releasing it it’s the world we live in now. Sadly there’s pretty much nothing you can do. Once it’s out on the net you can only hope people play fair and they very rarely do.
As for trademarking and copyrighting, the big league record and media companies can’t curtail piracy and theft, how much chance do you think you have of suing some random guy in some random country selling on some random site? What happens if the guy just decides to move his “sales” to Alibaba which is bigger than both eBay and Amazon combined and Chinese? They run on a very different set of rules there much the same as me trying to get some dude in Russia to stop selling my music. So sorry guys, it’s sad but if you put your stuff on the net and it’s good, it’s going to get stolen and there’s really nothing you can do about it. It’s something you are going to just need to accept. You can send a cease and desist but it’s really an empty threat of the guy isn’t based in your country.
Copyright on an image / photograph is automatic. Is it not? Design rights, design registration and trademarks are further protection, but Copyright protects you immediately. Copyright on a design, model or even a schematic etc. is only really enforceable if it’s 100% identical. So the unfortunate issue is always that someone only needs to make a small change to argue it’s not a ‘copy’ Debating the level of a copyright infringement is for lawyers and the rich, and is rarely worth doing.
It’ll be interesting to learn what extra level of protection registering a 3D model/design provides. Maybe it’s different in the US?
If the ‘application’ is like a patent where you have to list the notable or distinguishing features, that’s getting into really tricky territory with 3D.
Yes, copyright is automatic, but in the US at least registering your copyright makes it easier to enforce and gives you presumed damages when you take it to court. So rather than having to prove you lost $X, so the court should award you $X, you get a presumption that you suffered damages and get paid some legally prescribed amount. The registration process is what’s linked to here.
I’m sure it’s possible to do this with Blender too, but I use a OpenScad macro to embed a ‘Copyright 2016 Jason McMullan’ and a logo into the inside some of my designs.
For those Australians interested, our copyright laws differ in some areas from US laws. One of the the best Australian resources for creators to use is:
They are a free service and provide excellent resources and information for creators concerned about copyright abuse.
In particular, there is no requirement under Australian law to register copyright. Copyright is automatic from the moment the art is created, and it does not matter the form of the art. Digital files in Australia are copyright too, including CAD files.
In the very unlikely event that there is a dispute over ownership of the art, in the past our courts have relied on oral evidence from the creator and their friends and family to rule on the matter.
Additionally, any drafts, any notes or research, evidence of progress in the work, and in particular, any discussions the creator has had with other people concerning their creation, will be considered by the court.
Once again I want to stress that this information does not apply to other jurisdictions outside Australia, especially not the Unites States.
That said, the Australian Copyright Council have a long history of success with legal proceedings against copyright abusers outside of Australia, including in the US.
it’s the world we live in now. Sadly there’s pretty much nothing you can do. Once it’s out on the net you can only hope people play fair and they very rarely do.