Selling 3D prints – A Simple Guide to Copyright and Trademark Law
With the ever increasing popularity of 3D printing and its ability to create almost anything we can imagine and sell them, we’re beginning to see many more discussions about its regulation and the legal minefield that it introduces.
What are we allowed to print and sell? Is it considered food safe? Are flexi models considered toys? Etc. However, one of the more controversial and widely discussed topics is the concern around copyright and trademark infringement.
I will be sharing some insight into this topic to give you a better understanding of the existing IP laws and regulations and how these may affect your 3D printing business.
Disclaimer: I’m not a legal expert, and while this blog post provides a general overview, it’s based on my opinions and observations and isn’t a substitute for legal advice. Laws can also differ greatly between countries. For specific advice and guidance on copyright and trademark matters, always consult with a qualified professional.
What is Copyright and Intellectual Property?
Firstly, what even is copyright and why does it exist?
Essentially, it’s a legal concept that grants the creator of an original work exclusive rights to its use and distribution. It’s their own original idea and therefore their property to do with as they like.
In the context of 3D printing, this means that if you’re reproducing someone else’s design for commercial reasons WITHOUT permission, you could be opening yourself up to legal action taken against you.
Imagine this: You’ve spent hours designing a pen pot in the shape of your favourite cartoon character. You’ve fired up the 3D printer, and within hours, it’s sitting on your desk as a fun and functional addition to your home. Suddenly, you see potential for others to enjoy your 3D prints and temptation urges you to print and sell them on Etsy for a nice profit!
BUT, pause for a moment…does the original character designer have copyright over this creation?
Chances are, they do, and proceeding without their consent could lead to your listing being removed and all that time wasted. Repeat offenders will likely have their shop banned altogether or worst case scenario, have legal action taken against them from the Intellectual Property (IP) owner.
What is a Trademark?
Trademarks are a different form of legal protection, which is more about safeguarding distinctive symbols, logos, or even product shapes that identify a specific brand as opposed to their creations.
Picture the iconic golden arches of a certain fast-food giant. They’re instantly recognisable, and of course, fiercely protected.
In the case of 3D printing, say you’re printing keychains decorated with a superhero’s emblem and it’s undoubtedly a hit with customers. But here’s the kicker: that emblem is trademarked by a major entertainment company. By plastering it on your merchandise without their permission, you’re inviting trouble and they could slap you with a cease-and-desist order faster than you can say “Avengers, assemble!”
But it doesn’t stop there. If you were to sell something that doesn’t necessarily infringe on a brand’s copyright, you could still infringe on their trademark if you use their name in your online listing title to sell your product.
How to Avoid Copyright and Trademark Issues
Obviously, the best way to avoid any copyright or trademark concerns would be to steer clear of brands and any affiliated products entirely by doing your research and creating completely unique designs yourself.
On the contrary, you could still take inspiration from others, as copyright protects only the expression of an idea and not the idea itself.
For example, while you can’t print and sell a Dalek from Dr Who, you can create your own ‘evil pepper-pot robot’ design. That would be fair game BUT you would have to avoid using the names “Dalek” or “Dr Who” in your listing or model name as that would be trademark infringement.
The new design needs to be different enough from the original to be considered a creative expression, so you may look at tweaking existing designs to put your own unique spin on them, thus potentially sidestepping any infringement claims.
Of course, there’s always the option of reaching out to the IP holder who, in some cases, might offer licensing agreements allowing you to create and sell merchandise based on their characters and designs. However, this can often include an extensive licensing fee or commission rate, so it has to be really worth it!
It’s important to remember, copyright and trademark laws are not universal. What’s considered fair use in the UK might be infringement in the US, so it pays to do your homework and err on the side of caution. This is especially true if you’re planning to sell your 3D prints internationally.
Is it Worth Taking the Risk?
Let’s not beat around the bush. Selling 3D prints related to popular TV shows or games can be very profitable – especially if it’s currently trending as from my experience, this tends to be what most people buy and search for online.
Naturally, it’s a high risk strategy that can pay off for some, and more often than not, you will only get a cease-and-desist order or your listing automatically removed to serve as a warning. Repeat offenders or higher profile cases have a higher chance of seeing more extreme measures taken.
In the grand scheme of things, 3D printing is still in its infancy and it currently sits very much in a grey area of the law and lawmakers are only at the start in establishing penalties as well as accountability in this area.
Knowing this, some sellers may continue to sell IP related items until this moment comes and perhaps even beyond this. But they’re playing with fire.
Not to mention, it can also leave you with a constant fear that you’ll have the rug pulled out from underneath you at any moment potentially causing you to lose everything you’ve worked so hard for.
You have to make your own call as to whether it’s worth the risk to you or not.
Final Thoughts
Ultimately, the decision of whether or not to sell 3D prints that might infringe upon copyright or trademarks rests with you. Whilst it may be a profitable venture, the risks can easily outweigh the gains.
The laws around 3D printing are still in a bit of a grey area but will likely continue to evolve as it is still a relatively new technology. But by understanding some of the existing legalities involved and exercising caution, you can still make 3D printing a profitable business without the fear of being on the wrong side of the law.
FAQ about 3D Printing and Copyright Law
What can happen by ignoring copyright infringement?
The repercussions of infringing copyright and trademark law can vary. Online marketplaces like Etsy may just remove your listing at first but repeat offences can lead to account suspension. However, some companies, like Disney, protect their IP more than others and in severe cases, copyright holders can pursue legal action, leading to hefty fines and court battles.
Can I still sell the digital designs online if they contain IP?
Just like a physical product, you may only sell digital designs containing intellectual property if you have explicit permission from the owner. This includes characters, logos, or any other element protected by copyright or trademark.
Can I copyright my own designs?
In most countries, original creative designs are actually granted copyright protection automatically, however, you can still register your design rights to further protect your work from copying.
I see many examples of copyright infringement on Etsy. Does that mean it’s OK?
Just because you see copyright infringement happening on Etsy or other marketplaces doesn’t mean it’s okay. These sellers are taking their own risk by selling them and might get caught later and face consequences. It’s always best to play it safe and avoid copyright infringement to protect your business and reputation.
How do I know if I can sell a print found on a 3D model website?
Most 3D model hosting websites will have a licence section describing its creative commons licence. From this you can determine whether you have permission to sell the physical print (often with appropriate credit given to the designer) or if it is just for personal use. You can check out the Creative Commons website for more details about the licence and the meaning of each.
Is it possible to build a successful 3D printing business without relying on IP infringement?
Absolutely! There are many ways to build a successful 3D printing business without infringing on intellectual property. You can focus on creating your own original designs, selling prints of models with appropriate licenses, or offering custom printing services. There are many active Patreons that offer popular 3D models that are free from any IP and offer a commercial licence.
I found a Pokémon design online that has a commercial license attached to it. Does this allow me to sell it?
No. The author may be offering you commercial rights to sell their design work, but as it is a model based on copyright material, you would still need permission from Nintendo to sell it legally. If you were to get into trouble selling the model, it will be you who deals with the consequences and not the designer. If the author is selling the design for commercial gain, they too are infringing on copyright and could have their designs removed as a result.
Can I sell IP designs given as part of a model subscription?
There are a few 3D model subscriptions that offer models based on copyright material that also offer a commercial licence depending on their subscription model. Even though you are paying for the design, you do not have permission from the copyright owner to sell it and you would be solely responsible for any legal disputes.
Are 3D prints covered by the fair use policy?
Fair use is a complex legal concept that allows limited use of copyrighted material for purposes like criticism, parody, news reporting, or research. It’s generally not applicable to simply selling 3D prints of copyrighted designs even with the excuse of being ‘Fan Art’. Consulting with a copyright lawyer is recommended for further advice on this topic.
