RAPID

How the 3D Design Community Can Better Protect Its Intellectual Property

Eplus 3D

Share this Article

Thingiverse user Loubie created this Sad Face to raise awareness for the eBay scandal

Thingiverse user Loubie created this Sad Face to raise awareness for the eBay scandal

3D printing has, in the scope of a just a few years, moved from a technology on the periphery—primarily used by large companies for industrial manufacturing—to the mainstream—a technology on the minds, if not inside the homes, of consumers. The emergence of low-cost printers, accessible CAD software, and websites like Thingiverse and Shapeways mark an industry reaching a new stage of maturity. This unique moment, however, is not without its growing pains. As opportunities for companies and individuals to profit from 3D printing expand, claims of intellectual property theft are also on the rise.

In the past year alone, two cases of alleged theft have grabbed the headlines. In one, San Diego-based 3D printing company SD3D was accused of taking without permission a skateboard design placed on Thingiverse by the Italian designer Simone Fontana. In another case, the eBay seller just3dprint was embroiled in a public spat when it was accused of improperly downloading numerous designs from Thingiverse and then offering to sell products printed from those designs.

large_copyright_06Two questions arise from these cases. First, is there anything improper about taking a design from a website like Thingiverse and selling products based upon those designs? Second, what can designers who put their designs online do to protect their intellectual property rights?

The answer to the first question is maybe. If a design is subject to copyright and has not been licensed by the designer, then a claim for copyright infringement may arise. Not all designs are subject to copyright protection. Copyright does not protect the purely utilitarian and so designs that are only functional in nature are not protected. (They may be eligible for patent protection but that requires applying to and receiving from Patent office a grant of patent rights.) Designs that are purely artistic or even contain artistic elements, however, are eligible for protection.

What can designers do to protect their intellectual property? First, in any public posting of their design, designers should make clear the terms upon which they are willing to license their work. Creative Commons licenses offer one easy means to do this. Second, designers must monitor how their designs are being used. Regular review of online marketplaces like eBay, Shapeways, Amazon, and Etsy is a must. Finally, if potentially infringing activity is detected, designers can either request the platform, such as eBay, remove the content or, if that does not work, pursue legal action.

 


paven-malhotra

Paven Malhotra

Paven Malhotra is a partner at Keker, Van Nest & Peters in San Francisco, where his practice focuses on intellectual property disputes and complex commercial litigation matters.

 

Share this Article


Recent News

SmarTech Releases First Report on Emerging 3D Printing Technologies and OEMs

US Navy Official Says the Future of Military Shipbuilding Depends on Metal 3D Printing



Categories

3D Design

3D Printed Art

3D Printed Food

3D Printed Guns


You May Also Like

U.S. Navy Approves 3D Printed Parts from Nuclear Ship Leader

As suggested in a story from 3DPrint.com Macro Analyst Matt Kremenetsky, anything related to securing the U.S. manufacturing supply chain is currently getting a significant boost from the Biden Administration,...

Investors Could be the X Factor in 3D Printing Workforce Development

It must be frustrating for stakeholders in the additive manufacturing (AM) sector to see that the companies that they’re backing are facing the exact same obstacles in the short-term that...

US Navy Submarine Installs Markforged 3D Printer

Virginia-class submarine USS New Hampshire (SSN 778), part of the US Naval Sea Systems Command (NAVSEA), now has a Markforged X7 field edition additive manufacturing (AM) platform installed onboard. NAVSEA’s...

3D Printing News Briefs, February 25, 2023: Anatomic Models, Horse Trailer, & More

Fabrisonic is introducing a new build plate with embedded sensors; this hardware news kicks off today’s 3D Printing News Briefs. Moving on, we’ll cover some of the major 3D printing...