Real World Scanned Objects and Copyright?

Jonathan85

Hello i have a question- Is it ok and legal to scan (via photogrammetry, this means including textures) a real object like for example some food bought in supermarket (like chicken, frozen pizza, chocolate bar,etc. etc.) and then use it in commercial projects or even sell the 3D model to someone (via my own website or if anything else via turbosquid etc.)?
Im talking about possible problems with copyright due to the presence of the wrapping of the product, including logo of the company who made the food (or anything). For example lets say i buy this in supermarket and scan it:
http://img.21food.com/20110609/product/1305166716937.jpg
or
http://www.boromir.ro/images/products/zoom/142/en/croissant-cu-crema-lapte-50g.png
or anything else, the problem are the textures, the whole graphical representation of the package and probably especially the logo...

Is it Legal to use it in commercial project? And is it legal to sell the resulting 3D model (including textures(!)) on my site or turbosquid or similiar?

If not how to fix it, is it sufficient to just erease the logo and replace it with something fictional or do i need to "redraw" the whole package texture :-O ?

illo

should probably call a lawyer for this, but my assumption would be you can scan it, sell it and make money from it as long as you dont include any images of company trademarks or copyrights, and that includes color placement and packaging layout.

quick questions like this are generally free consult calls so you totally should check.

Eric Chadwick

The general guideline I use for avoiding copyright infringement is... if a reasonable person could identify the original artwork (that packaging IS someone's artwork, a designer made those, and it's owned by the food company) behind or underneath my modifications, then I could be sued for infringement.

Best bet is to obliterate anything which looks like their specific design. That includes swooshes, colors, typography, etc. So at that point you are re-creating it with your own design.

jfitch

I'm with Eric. Someone worked on those designs, the packaging is part of their brand. It's best to replace them entirely. It's also important to note that sometimes the packaging is also subject to copyright, so if you're scanning in ketchup bottles or something like that, be careful.

Biomag

It's definitely breaking the law. At least in most western countries (keep in mind there isn't the ONE copyright out there!! It depends on each country and what law gets applied - differs also depending on every country's own set of rules to determin which legislation gets the call).

And even if it wouldn't be a copyright infringment (depending on what the legislation requires from an 'artwork' and what the definition looks like) it pretty much will be covered by fall back within the legal system. So in Austria for example it would be definitely violating the §1 UWG - the Austrian 'Act Against Unfair Practices' - as well as (probably) registered trademarks. So there are more violations than you can think of.


With copyright think this way - could you turn the book 'Lord of the Rings' into a 3d game without asking anyone's permission? Why not, its a different medium, it wouldn't be a book...

That's what you are now trying to do with your scans (or what any kind of fan art does). And it's infringing copyrights. ALL ADAPTATIONS REQUIRE THE CONSENT OF THE PERSON HOLDING THE COPYRIGHTS! NO EXCEPTION EVER!

Some might not persecute people infringing those rights or already gave general permissions, but nevertheless - if you don't have the permission, you are NOT save!


I got my master in this field, but for more detailed information you should consolut a lawyer. The last time I had lectures about copyrights was nearly a decade ago, so there probably are new multilateral agreements how to handle international infringements and as I said there is also the matter of local law and its variations. But I seriously doubt the basics have changed.

Biomag

There are ways how to circumvent it, but I am not willing to give here information that might be taken out of context. Especially since there isn't a save path, just playing around within a grey area where neither side thinks persuing the case is worth taking the monetary risk. Just ask a lawyer.

Jonathan85

Thanks for replies, this forum is always helpful.... you have here even a lawyer :-)...