"Copyrightability of Digital Models" Topic

I thought this 10th Circuit Decision would be interested for sculptors, manufacturers and enthusiasts of the new 3D digital printers. I haven't read the whole case, but it centers around the copyrightability of ditigal scans of copyrighted works. I see 3D printers as being a more complex problem as you make a digital 3D copy on computer software and then you make a real 3D copy in plastic – thus constituting two potential infringements. Anyway, here's a nice summary by one of my former colleagues:

link

Interesting read.

Copyright applies to stuff fixed in a medium. How is 3D plastic different from 2D paper & ink?

If I buy a PDF and print five copies how is this different from buying a 3D design file and "printing" five hoplites? The issue is what copying rights the owner is giving me for my money.

The case sited concerns the originality of something intended to emulate someone else's IP, right?

So if someone makes a hoplite design and sells it to us to stamp out a few for games, the designer owns rights to both the design and the resulting model, right? (Provided he printed himself one before selling the file, I guess.)

But if he makes a model of an F/A-18E Hornet, he may not own the copyright to model, if I understand this correctly, since it looks just like something he doesn't own. He could own the rights to the digital file, but not the model. That's probably okay, from the point of view off most business models I can imagine would go along with the 3D printer.

Am I missing something?

Andrew

"So if someone makes a hoplite design and sells it to us to stamp out a few for games, the designer owns rights to both the design and the resulting model, right? (Provided he printed himself one before selling the file, I guess.)"

It would be similar to software and what you would be buying is a license to produce derivative works from the software design. He would retain the copyright (in both), you would own the copy.

"But if he makes a model of an F/A-18E Hornet, he may not own the copyright to model, if I understand this correctly, since it looks just like something he doesn't own."

I think that depends on whether that Hornet is copyrighted, and whether there is any originality in the copy. Many governments, including the U.S., do not hold IP rights.

Re: Hoplites – if I buy a PDF of rules the understanding or agreement usually says I can print myself one copy. If/when I get a 3D printer I'm likely to buy something like a pattern for a hoplite, and I assume (!) the agreement will say I can print all I want for myself, but can't distribute (give, sell, "lend") them. I mean, the pattern isn't worth much if I can't make any of them, and what use is one hoplite? Maybe it will be limited to a hundred figures or something. I don't know, but I assume they'll offer me something worth buying.

In a perfect world you'd buy some software like Poser along with a set of arms/armor designs. You dress, equip, and pose your figure and start printing. Everyone in a company could have a different pose!

I was under the impression that US military equipment and the NASA photographs and all that stuff was copyright free. Very nice perk, is that. Its possible Boeing's agreement with the government includes the idea that they retain the IP on the shape, but if so GMT owes Boeing a lot of money for Hornet Leader – that shape is everywhere in that game.

Andrew