I sent a polite note to the seller saying that the model has a commercial license and that in addition he is using one of my images and could he please take it down.
The seller refused and sent me this response:
Sir,
When you uploaded your items onto Thingiverse for mass distribution, you lost all rights to them whatsoever. They entered what is known in the legal world as “public domain”.
The single exception to public domain rules are “original works of art”.
No court in the USA has yet ruled a CAD model an original work or art.
Therefore, you have no right to exclude others from utilizing the CAD models you have uploaded.
Furthermore, if in the future we do get a precedent in the USA for establishing CAD models as “original works of art”, we would still likely be just fine as we are not re-selling your CAD models, but rather “transformative” adaptions of them in the form of 3D printed objects.
SFE
P.S. When you created these CAD files, did you really want to limit the amount of people who could enjoy them to the 0.01% of the USA with a 3D Printer? 100% of America can purchase the items from us at a reasonable cost and enjoy them-creating made in the USA jobs in the process as well. Furthermore, if you hate the idea of people profiteering from your work, you may want to take it up with Makerbot/Stratasys who only hosts Thingiverse for AD revenue, to sell more 3D printers.
I’m going to take this up with eBay. I’ll let you know how I get on as I think it will be of interest to the group.
EDIT: Thank you very much for the responses and the support. It’s very encouraging. I shall keep you posted:-)
Certainly not public domain, as those files were released explicitly with a licence, regardless of the derivative works, those files were directly used in a commercial mannor. It is no different than copying a cd, then claiming you are selling a disk and not the files on it. Or ripping a dvd to a new codec, the artistic contents are still the same regardless of the medium.
I did a quick scan of the Thingiverse Creative Commons license stuff. It’s deep legalese, but there is a CC NC (non-commerical) option. If the CC SA (share) option was selected, it doesn’t favor the creator. If you used NC, you might have some ammunition to present to eBay. You may also have some sway with Thingiverse if no attribution was given to you by the seller on eBay, even if you selected the SA option.
Despite the reference from the seller about transformative adaptations, Thingiverse still recognizes as valid the original creator and “requires” attribution. Not much of a platform, obviously.
As mentioned in the thingiverse TOS, you determine the license with which other users can make this.
Looking at your model on thingiverse I see you uploaded it with CC non-commercial license. As this person is, in fact, using your model for commercial gain, they are in the wrong. (They also did not credit you, also wrong)
Yes - I’m not even really angry I just find it very sad that people like myself spend time making something for people to enjoy and stuff like this happens - that response reeked of entitlement and rudeness.
Well, I think that’s it for me and free models.
I don’t know - I’ll have to have a think.-)
Ditto… shame the seller didn’t ask beforehand… even if you said no and they posted it anyway…it still would have shown they appreciate the efforts that line their pockets. Not to mention ( although I will!) the mis-representation that this is from a licensed franchise. It may have likeness and similarity but to charge someone for something that it isn’t… is just irksome. Still the fact that someone thinks your work is worth money is cool. 2 sides of the internet coin.
The funny thing is, is that this dragon doesn’t resemble a Game of Thrones dragon in so much that Aria has four legs and two wings and the GOT dragons ave the front legs and wings combined (which if a dragon were to exist is the more likely path of development).
I realize this has no bearing on the discussion here:-)
Hmm this is a hard one. I dont know the laws on 3d printing, nor do I own a printer, I just like to see what people post on this page.
I will say this though, I upload art on deviant art. If some one took any of my art and utilized in in a manner that provided them profit, I would be pissed also. I do not know though if I could pursue them. I did upload it on a medium accessable to everyone. I did not register my art anywhere or file for copy right. I simply uploaded it and who ever gets their hands on it after that is beyond my control (it would seem) unless I actually went and registered my art some where.
Ive never done that, but I know my brother writes songs and takes it to claim it through what ever methid that is. However, if he uploaded it on a public medium without going through that process, then he diesn’t have any more or less legal rights to it than the next guy.
Also understand that 3d printing is kind of like those quad copters. Pretty new and becoming more common. As issues come up, legislation will soon have to follow.
So for better, in the long run, your situation might add to the pressure for new laws to be developed on copy rights of 3d prints and their schematics or instructions.
I would pursue it, even if you think you wont come out on top through technicalities.
@Nathan_Walkner see, this is where it gets hard. I dont think it is the physical object in question, but the instructions (3d model) used to build the object. I know that the video game industry views 3d models as their property.
Would thise models not be considered intellectual property?
I think the biggest problem is that this particular store sells over two thousand different products of which a lot are 3d printed designs. Most (if not all) of them are released under a CC license which requires naming the author. Also almost all listed items use original pictures.
What’s even worse is that one item (“3D Printed Terminator T-Rex Skull!”, 219USD) is licensed under CC BY-NC and the author, “Sannyshine”, also sells it in his Shapeways shop. He/She wants to make money to support the design of this model.
Companies occasionally go through Ebay to ensure that people are not selling unlicenced things that contain copywrited logo’s or other such stuff of theirs. The seller has a number of objects that are in violation of this. Disney, Game of Thrones, Seahawks, Star Wars.
I would threaten them with emailing each companies legal department.
This ebay vendor has over 2k listings…so everyone who has models on thingiverse should probably browse and complain if your item is listed. Not sure if it will do any good but it is a start.
I have some philosophical questions related to models on thingiverse (I have some there too). I ask these to spark conversation, not argument.
So assuming you use the CC NC license, what does that mean to someone without a printer? Can they send the model off to Shapeways, for example, and get it printed? What about taking it into a store like Staples that has 3D printers on site?
If yes, how is that different than what this guy is doing on eBay? It could be argued that he’s doing exactly what Shapeways does, offers printing services.
If not, isn’t that a bit exclusionary for those without a printer? Do we expect only those who own printers to use these models? Why is a ‘rented’ printer any different than an owned printer?
What if they get their neighbor to print one for them? If the neighbor charges only for materials? If they charge for machine time?
What if a business has a 3D printer and finds your model useful? Can they print as many copies as they want and use them in their business (not selling them, using them internally)?
Just curious what people’s thoughts and feelings are about these questions.