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Digital Models Not Subject To Copyright

MonsterMagnet writes "The US Court of Appeals for the Tenth Circuit has affirmed (PDF) a ruling that a plain, unadorned wireframe model of a Toyota vehicle is not a creative expression protected under copyright law. The court analogized the wire-frame models to photographs: the owner of an object does not have a copyright in all images of the object, but a photographer may have a limited copyright over a particular image based on artistic choices such as costumery, lighting, posing, etc. Thus, the modelers could only copyright any 'incremental contribution' they made to Toyota's vehicles; in the case of plain models, there was nothing new to protect. This could be a two-edged sword — companies that produce goods may not be able to stop modelers from imaging those products, but modelers may not be able to prevent others from copying their work."

9 of 131 comments (clear)

  1. That sound you hear.... by symbolset · · Score: 5, Interesting

    Is millions of wireframe models being yanked from the Internet. Gentlemen... start your Blenders!

    Actually, apparently the court ruled that the modellers didn't own the copyright because it's a representation of Toyota's design. I doubt if you got hold of this mesh and published it that you could avoid getting sued by Toyota.

    Oh, and I wonder if it will grow the market for this clever device.

    While we're on the subject... where's a great free library of blender-compatible models?

    I hear some clever japanese gents are working on autogenerating wireframe models from multiple pictures like you find on Google street view as well.

    --
    Help stamp out iliturcy.
    1. Re:That sound you hear.... by QuantumG · · Score: 4, Informative

      I think you mean Australian gents.

      http://www.youtube.com/watch?v=vda2RAEuW_g

      --
      How we know is more important than what we know.
  2. Awwwww Junk by introspekt.i · · Score: 5, Funny

    There goes my rights to my collection of wire frame models of cages.

    I thought that stuff was gonna be gold.

  3. Re:Racing games? by reebmmm · · Score: 4, Insightful

    Um. No. The last unsupported statement in the summary is at least half wrong: "companies that produce goods may not be able to stop modelers from imaging those products."

    This case says nothing about this point. The companies may have copyrights, design patents, trademarks, etc. The fact that someone hired to make lifelike reproductions using wire meshes has no copyright in the work doesn't mean that no one has rights in it.

    In any event, the real effect is pretty obvious: modelers should just charge MORE for their work so that they're fully compensated for the work product purchased by the company. Meshworks made a mistake in this case; they assumed that their work would be a loss-leader for the other portion of the work awarded to another company.

    As for racing games, assuming that the modeling is done in-house, there will be no effect on price. If its done by a thrid party, it'll be MORE expensive (a cost ultimately passed along to you, the consumer).

  4. Convert ALL data into wireframe models NOW! by f2x · · Score: 4, Funny

    Finally! The loophole we've all been waiting for! Yeah, baby! Re-encode your MP3's and AVI files into WIREFRAMES! We'll work on developing the player later. Let Freedom Ring!

    --
    Blessed with all the brains that God gave a duck's ass, and twice the charisma.
    1. Re:Convert ALL data into wireframe models NOW! by Tangent128 · · Score: 5, Funny

      Hmm... make a hi-res model of a record, then all you need is a virtual needle. Collision detection with what is basically a heightmap shouldn't be comparatively difficult, and with a decent physics engine, you can even scratch it!
      Audiophiles rejoice!

  5. Re:open source 3D MMORPG by Have+Blue · · Score: 4, Informative

    The case makes no statement about that. What it says is that a 3D model meant to be an exact copy of an existing object cannot be copyrighted. A 3D model developed from scratch as a unique expression can still be copyrighted.

  6. Re:But wait... by russotto · · Score: 4, Informative

    I ask because, for instance, filmed coverage of congress from unmanned cameras by CSPAN gets full copyright protection even though it is similar in circumstances to the artbook photography you mention.
    Actually, it does not. From C-Span's right and permissions page:

    Video coverage of the debates originating from the chambers of the U.S. House of Representatives and the U.S. Senate is in the public domain and as such, may be used without restriction or attribution.
  7. Re:Make your own by T-Bone-T · · Score: 4, Informative

    There is a free program called David that allows you to use a webcam, laser level, and some markers for reference to generate a 3d model. You have to be patient and make quite a few passes with the laser but the reults are pretty good.