Loading ...
Sorry, an error occurred while loading the content.

RE: [7mm NGA] 3d printing

Expand Messages
  • peter page
    The original drawing was by Howard Clarke, who is a member of the Association and, I believe, of this group. He s the man who owns the copyright in the design
    Message 1 of 6 , Sep 22, 2013
    • 0 Attachment

      The original drawing was by Howard Clarke, who is a member of the Association and, I believe, of this group. He's the man who owns the copyright in the design so it's up to him.

       

      Best wishes

       

      Peter J Page

      Editor, Narrow Lines


      From: 7mmnga@yahoogroups.com [7mmnga@yahoogroups.com] on behalf of guild@... [guild@...]
      Sent: 22 September 2013 11:24
      To: 7mmnga@yahoogroups.com
      Subject: [7mm NGA] 3d printing

       

      I'm looking at getting started in this.

      Back in issue 21 of Narrow Lines there were some drawings of a freelance bogie coach.

      Would there be any problems if I produced this and it was offered on Shapeways?

      An eventual % of the price to the Association/original designer?

       

      Ian, in the Dutch Alps

    • tom
      First, please note I am not an intellectual property lawyer, but as I make my living from doing designs for 3-d printing i ve done quite a lot of due diligence
      Message 2 of 6 , Sep 22, 2013
      • 0 Attachment
        First, please note I am not an intellectual property lawyer, but as I make my living from doing designs for 3-d printing i've done quite a lot of due diligence on these matters. This is my reading of the situation.

        Copyrights are not involved. Inspite of what most people think there is no copyright on three dimensional objects, with the exception of certain art works. Now coping something from one media to another would normally produce a transformative derivative work in which copyright may be divided between the owner of that of the original work and the creator of the new one. But, as no copyright can vest in the resulting object it's impossible for it to infringe on the existing work.

        3-D objects can possess design rights, but these have a much shorter term and would have expired in this case.

        Also, there is a doctrine, called the first sale right in the US, which says that any copyright claims are exhausted when an object is sold for the first time. Now as we get access to Narrow Lines through the society subscription, so it has been sold from a legal point of view. If a drawing is published in a magazine or book there is a reasonable assumption that this is for the purpose for people to make models from. Therefore you can't ask for any money for the use of a drawing which has been published, even if someone uses it for commercial purposes.

        However you may feel there is a moral right, that is up to you.

        Tom
      • badyinmacfadyin
        Thanks Tom, an informative answer, however I wouldn t feel right without the agreement of the original designer. Too much ripping off of other people s designs
        Message 3 of 6 , Sep 23, 2013
        • 0 Attachment

           

           

          Thanks Tom, an informative answer, however I wouldn't feel right without the agreement of the original designer.

          Too much ripping  off of other people's designs is slowly going to kill off the hobby.

           

          Ian



          --- In 7mmnga@yahoogroups.com, <7mmnga@yahoogroups.com> wrote:

          First, please note I am not an intellectual property lawyer, but as I make my living from doing designs for 3-d printing i've done quite a lot of due diligence on these matters. This is my reading of the situation.

          Copyrights are not involved. Inspite of what most people think there is no copyright on three dimensional objects, with the exception of certain art works. Now coping something from one media to another would normally produce a transformative derivative work in which copyright may be divided between the owner of that of the original work and the creator of the new one. But, as no copyright can vest in the resulting object it's impossible for it to infringe on the existing work.

          3-D objects can possess design rights, but these have a much shorter term and would have expired in this case.

          Also, there is a doctrine, called the first sale right in the US, which says that any copyright claims are exhausted when an object is sold for the first time. Now as we get access to Narrow Lines through the society subscription, so it has been sold from a legal point of view. If a drawing is published in a magazine or book there is a reasonable assumption that this is for the purpose for people to make models from. Therefore you can't ask for any money for the use of a drawing which has been published, even if someone uses it for commercial purposes.

          However you may feel there is a moral right, that is up to you.

          Tom
        • Nick Meredith
          The non-sequitur to the rest of the discussion that is that last comment can t be allowed to go unchallenged. Your initial question and the answers that
          Message 4 of 6 , Sep 23, 2013
          • 0 Attachment
            The non-sequitur to the rest of the discussion that is that last comment can't be allowed to go unchallenged.

            Your initial question and the answers that followed made very clear that this was not an issue of 'ripping off' designs from commercial product to imitate the original designer's product, but of using plans they have released to produce new products.

            While I'm sure everyone would deplore the first practice, what is being discussed here is something that will move the hobby forward, not kill it off. If anything would kill it off, it would be a reliance on anyone who was preparing to produce models to do all their own primary research. 

            Yes, I agree it would be polite to let the original producer of the plans know what you intend to do, and offer to credit them as the source of your information - but to imply that by using someone else's plans in this manner is ripping off designs or killing off the hobby is unfair on anyone who uses any secondary research.

            n 23 September 2013 15:59, <guild@...> wrote:
             

            Too much ripping  off of other people's designs is slowly going to kill off the hobby.

          • Howard Clarke
            To Ian in Dutch Alps Not sure which drawing you are referring to but send me details and will do all I can to help. Howard Clarke In Staffordshire Moorlands
            Message 5 of 6 , Sep 23, 2013
            • 0 Attachment
              
              To Ian in Dutch Alps
              Not sure which drawing you are referring to but send me details and will do all I can to help.
              Howard Clarke
              In Staffordshire Moorlands
              ----- Original Message -----
              From: guild@...
              Sent: Sunday, September 22, 2013 11:24 AM
              Subject: [7mm NGA] 3d printing

               

              I'm looking at getting started in this.

              Back in issue 21 of Narrow Lines there were some drawings of a freelance bogie coach.

              Would there be any problems if I produced this and it was offered on Shapeways?

              An eventual % of the price to the Association/original designer?

               

              Ian, in the Dutch Alps

            Your message has been successfully submitted and would be delivered to recipients shortly.