Autostrada Posted July 5, 2007 Share Posted July 5, 2007 Hello! Perhaps somebody has the answer to the following problem: A client ordered some 3D-models to use them frequently in his 3D-interior-perspectives, for example some furniture objects of known brands or an espresso machine from Gaggia. Could it be a problem to sell such 3D-models to my client because of the copyright on design hold by Gaggia etc. How do the comercial offerer of 3D-objects (evermotion, dosch,...) manage the copyright question (for example selling models of some Volvo or BMW-cars even with the company-logo)? Would be very thankful for some advices! Link to comment Share on other sites More sharing options...
TheAllusionisst Posted July 5, 2007 Share Posted July 5, 2007 I really don't know the answer to this, but common sense would tell me if you did not include logos, names or any distinguishing branding information, that you would probably be fine. I would think that even if the design is recognizeable if you didn't put a fake logo, name or branding info on it, that you probably wouldn't be prosecuted to the full extent of the law! Notice the repeated use of the legal jargon 'Probably' when taking the above content into consideration! LOL Link to comment Share on other sites More sharing options...
3dSol Posted July 5, 2007 Share Posted July 5, 2007 maybe the copyright applies to THE Volvo or BMW, not to the digital 3D model of it Link to comment Share on other sites More sharing options...
Problem Posted July 5, 2007 Share Posted July 5, 2007 I'm not a legal scholar, but I'm sure I could find one without much effort. I would seek the opinion of a lawyer who specializes in this sort of issue. You could also ask the manufacturer for permission to sell the 3D model commercially. If you don't know, ask. If you don't ask, you'll never know. Either way I'd model the objects in question, and probably include my best renders of the object with the request. The maker of the espresso machine is probably proud of his product and will look on the request more favorably if your work has the same attention to detail as the real thing. Its not an answer to your question, but its probably the way I'd approach the situation. Problem Link to comment Share on other sites More sharing options...
mskin Posted July 6, 2007 Share Posted July 6, 2007 whats the difference between this and taking a photograph of a room with a kithenaid in it. oops, can i say that? kithenaid! damn, said it again. Link to comment Share on other sites More sharing options...
Problem Posted July 7, 2007 Share Posted July 7, 2007 whats the difference between this and taking a photograph of a room with a kithenaid in it. oops, can i say that? kithenaid! damn, said it again. The difference is that the Kitchenaid people got their money when you bought the one in the picture. Your 3D model of the item doesn't earn them any profit. Problem Link to comment Share on other sites More sharing options...
mskin Posted July 7, 2007 Share Posted July 7, 2007 The difference is that the Kitchenaid people got their money when you bought the one in the picture. Your 3D model of the item doesn't earn them any profit. Problem i sincerely doubt they care about the 300$ commission on a mixer used in the "friends" kitchen but are quite elated at the exposure their product gets. At the same time, i doubt that they have any sort of marketing effort to place their products in 3d renderings - nor care if it appears in one. What if i took a picture of main street in boontown, and happened to capture a kitchenaid in the storefront of an appliance store - then sold the picture. do i need concent. but i understand your point... you're saying there is a difference between a picture and a rendering. im not sure what the legal ruling would be, but this has come up a number of times and i've never heard a legit answer. Link to comment Share on other sites More sharing options...
mskin Posted July 7, 2007 Share Posted July 7, 2007 sorry for getting off topic though.... Products on turbosquid often do have logos on them. have you emailed them or read any of their "rules and regs" to see if the issue is addressed? bottom line... in computer rendering the topic is easy enough to get around... slightly modify the image, don't use company names, etc... Link to comment Share on other sites More sharing options...
Nic H Posted July 7, 2007 Share Posted July 7, 2007 I really wouldn't worry about it whatsoever. I doubt any companies other than maybe military entities would bother pursuing it. To me its like doing a drawing of a product and selling it. Its a artistic 'representation' of the product not the actual product. If you are really that worried remove and really visible branding. We get asked to model very specific stuff all the time with logos and all, mostly kitchen appliances for images and Iv never had any trouble, Id never ask either - if in doubt just do it! Link to comment Share on other sites More sharing options...
Autostrada Posted July 8, 2007 Author Share Posted July 8, 2007 Thank you for your answers! I´ve asked the same question in a German forum: It is really difficult to find a definite answer. This topic seems a little confusing and there are many different rules of interpretation...hmmm Link to comment Share on other sites More sharing options...
mskin Posted July 8, 2007 Share Posted July 8, 2007 Thank you for your answers! I´ve asked the same question in a German forum: It is really difficult to find a definite answer. This topic seems a little confusing and there are many different rules of interpretation...hmmm i agree, but im sure that there is a definite answer. there are other terms too, trademarks, registered trademarks, patents, etc... it looks like copyright pertains to an image, like using the image of a kitchenaid (from a magazine article) in your work could classify as copyright infringement.... but drawing the kitchenaid wouldn't. trademark infringement would be using the kitchenaid logo.... but you could just forgo the use of the logo and just draw the kitchenaid. patent... the design of the kitchenaid. but that would be like copyiing the design and acting like you developed it. we're not doing that in CG. bottom line... in my non legal opinion is that you can probably model what ever the heck you want and sell it.... to be safe, exclude the logos. i think that there would be enough deviation in any of our models of a kitchenaid to be able to argue that the model isn't exactly a kitchen aid. Link to comment Share on other sites More sharing options...
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