About copyright infringement

Hi there!

I’m new to Blender artists and therefore was intended to know more. I’m a passionate 3d modeler who likes to create 3d models as a hobby. I never tried to sell any of my models before. Recently I thought about selling a 3d model of a Deodorant spray bottle of a brand named Creation Lamis which I modeled myself.

My question was, would I be in legal trouble if I sell it? if so, what can I do to prevent this in the future?

I know a lot of people in this community sell their models online. If anybody with such experience guides me, I would be really grateful to them.

You mean you made a model of your own taking as a reference a real marketed product?
That would be copyright infringement depending on the publication target:

  • a rendering (photo) on a paper would infringe the photographer’s right, and the product company brand rights;

  • a model on a 3D market would infringe would infringe the originale 3D modeler rights, and the product company brand rights;

  • a model in a 3D environment (metaverse, videogame) would (possibly) infringe the originale 3D modeler rights, the product company brand rights, and (possibly) the 3D environment producer rights

That’s about if you are copy-catting a 3D model you don’t own as an author.
Of course, if you are the author, you would be the one damaged.

HTH

What if I just retexture it then?

Under author’s right, you’re not allowed to create a derivative copy without the author consent.
What the result of retexture would be? A very similar thing, or a completely different one?
Supposedly the object shape would stay the same, but everything else changes.
If the shape is unusual, for instance, that could be easily spotted…
Being sued depends on someone else “perception” of you making a copy of their work.
Anyway, probably, a simple, not outstanding object would easily go unnoticed.
Very specific object are not so easy to copy. And specialised artist awareness regarding this kind of things is consistent.
Long story short: infringement could be considered the distance your model is on the line between the mona lisa and the default cube…

I guess I can’t then, but what about other people selling them?

I saw a lot of people selling specific product models with the logo of the brand with it. For instance, an iPhone 11 model with a clearly visible apple logo.

Nothing prevents you selling anything, as nothing prevents Apple from shacking off the slumber and send lawyers issuing takedown notices…
You get a notice, you take everything down. How long will it take? Who knows…
I see more issues related to the morality of it, as you are actually copying someone else’s work…

EDIT: and letting everybody know in a public forum… :roll_eyes:

Ok thanks, I will try selling something else then :slightly_smiling_face:

I don’t feel ashamed to express my faults, I really shouldn’t have copied other people’s work.

Some people have been sued for having artwork that, 'mocks a trade name or product. Such as seen in older cartoons.

“Copying” is actually what everybody does, as a form of inspiration. We learn from other people who are more expert than us. There’s nothing wrong in it. Simply we cannot exploit that commercially.

I believe this is more of a trademark issue. But, nonetheless, unless you get permission from the company to produce, and then sell, such an asset, you are not allowed to.

Best to create your own product labels, names, etc. Do some research though as you’ll not want to even use similar product names or designs.

You’re fine. You can model anything you want, and you checked about copyright before trying to sell. It’s more of a trademark issue than copyright, I believe.

I doubt there’s a huge market for buying 3D models of deodorant spray bottles (an asset pack based on a bathroom supplies theme might do a little better), but if you want to sell it your safest bet is to retexture it and modify the shape drawing inspiration from multiple references for deodorant spray bottles. Only minor modifications would probably be needed.

Decades ago, when I decided to try to sell a commercial product that might have infringed upon the parent company’s software or trademarks, I decided to do the very obvious thing: I wrote an e-mail to their legal department, asking them for clarification. I also asked them to affirm their response with a written letter on their company letterhead – which by the way I still have.

Well, after their “legal eagles” had picked themselves up off the floor in disbelief, they were very happy to write me that letter.

It is called: “Due Diligence.” Simply respect the possibility that somebody else might have an intellectual-property position, and simply ask them.

The law is full of many very-strange things, such as “The Doctine of Laches,” which more-or-less conspire to put intellectual property owners at the mercy of lawyers. If they fail to detect and then to act against any infringement of their rights, they might lose(!) those rights forever. No, it isn’t really fair, but that’s the law they must deal with every day. “Please don’t feed the Lawyers.”

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