Selling the rights to your 3D Models

CptAlbatross

Not sure where to post this, so I guess I'll post it here for now.

A client has approached me with an offer to buy the rights to a Car I made in order to 3D print and potentially sell it. How should I go about pricing it? Should I tally up the hours it took me to complete and slap a dollar rate on it? It's a cartoony model of an existing vehicle, so should I be worried about the company flagging me for something? Should I charge extra since I selling the rights? What does that even mean in regards to my work?

I apologize if I sound like a novice, but this is my first time being asked this and I'm excited but nervous at the same time.

slosh

I would be most concerned about whether your model infringes on someone else's design or copyright first.  Is it the mercedes on your artstation?  Cuz that would probably be a big issue if it ever got back to mercedes. 

CptAlbatross

slosh said:

I would be most concerned about whether your model infringes on someone else's design or copyright first.  Is it the mercedes on your artstation?  Cuz that would probably be a big issue if it ever got back to mercedes. 

Yeah it's that one.

CptAlbatross

Someone I've talked to brought up that since I'm just selling him the work, I have no ties to what he does legally with it. Like it's none of my business what he does with it.

Eric Chadwick

You're the creator of the artwork though. If Mercedes saw it, and decided they wanted to deal with it, then their trademark lawyer would go after you, and probably also the buyer.

So best bet is to not sell anything with someone else's copyrighted work in it.

Eric Chadwick

Just saw this thread. Same issue.
http://polycount.com/discussion/174378/bmw-suing-turbosquid-over-car-models#latest

It's generally OK to make a copy of an existing work. It's just not OK to make any kind of money from it. Whether reselling as a digital asset, putting ads on your site, etc.

kwyjibo

Would simply removing the mercedes logo be enough to not infringe copyright? Or would OP need to make substantial cosmetic changes to the model?

Eric Chadwick

Car makers trademark their car designs, not just the logos.

CptAlbatross

Wouldn't this be more of a case of selling fan art than a blatant rip off? The Mercedes logos I would have to replace, but I think the model is different enough to avoid problems. Either way, the car is definitely not made for printing. I'll try to see if I can convince my client to let me make a new one for him.

musashidan

If you remove the Merc badges I'd say you're within your rights. It's your design after all, based on a Merc design.  I've yet to see a cartoon Merc driving about town. Copying or being inspired by other designs is part of design. There's very little in this world that is completely radical, unique, or not inspired by existing design. Maybe you could design your own car badge/name and slap it on there.

Eric Chadwick

Yeah if you replaced the logos, and didn't name it "1955 Mercedes 300SL", then you should be good to sell.

musashidan

Eric Chadwick said:

 and didn't name it "1955 Mercedes 300SL", then you should be good to sell.

This would indeed be a good place to start.

bluescout

I was looking for the same answer. Only I want to sell the rights to a model I made. Its a Harley clone! There are no Harley emblems on it. I believe they can not take action, as they would have to prove it was there design. I had a Honda Shadow with a V . Looked a lot wasn't. So it just looks like a Harley. LOL

poopipe

Having watched months pass in negotiation with a large vehicle manufacturer over the number of slats in a truck grille I'd be a little bit less blasé about it.

If it's an original design that happens to look a bit like a harley you should be fine, if you made a model of a specific harley and took the badges off you probably aren't.

rexo12

https://polycount.com/discussion/comment/2778706#Comment_2778706

Particularly if you've also gone and admitted to doing so on the internet!