My 3D model was used for KICKSTARTER campaign video. (need advice)
vertex
Hey guys
Little something about myself - I am a 3D character artist with a passion for 3D printing, I upload my models for people to download free for 3D printing.
So recently on my birthday, I was browsing through YouTube for the latest 3D printers. As I was watching this commercial video for a new 3D printer; suddenly I saw something that looked familiar. I skipped back to take a better look and to my surprise It was a printed model of my 3D character, alongside other different models. I was really glad to find that someone would choose my model over all other models that are probably way better than mine. I didn't really think of anything wrong with it at first, then it hit me, isn't this a violation of my copyright? did they ask for my permission? did they credit me? Wait, are they making money off it?
I was keen to know who they were so I searched for the company who made this video, and soon enough it leads me to their KickStarter page and obviously it had the same video that my model was. The funding was a huge success making over $200k within just 2 days. The model they used is available for free for anyone to download so I care not what people do with it. But I never expected to see a company use my model for their commercial use. The problem I had was that they used my design without my consent and even failed to credit the maker. This was a violation of my copyright and also violation of commercial-use since they used my design to promote commercial gain. Because of this I have decided that I should sue them.
Long story short, I contacted few solicitors for advice regarding this matter. They suggested me that I should write to the company and demand the fee. In terms of how much I should charge them the solicitor was not too sure, so he suggested me to look at other 3D designers and see what they charge for commercial licences for comparable designs. This is where I would like some advice from you guys who are more experienced regarding licences. On a side note from what I understood, according to Kickstarter policy copyright holder is liable to file a DMCA against a KickStarter campaign for IP violation that could postpone or even take down the whole campaign.
What would be the best way to approach this? I would appreciate any advice. Thanks!
Link to my model page: https://www.thingiverse.com/thing:2288677
Link to the Kickstarter video (around 0:8 mark, pink Native American Model): https://www.kickstarter.com/projects/249504031/sparkmaker-the-most-affordable-desktop-sla-3d-prin
My model and prints:
One shown on the KickStarter video:
Little something about myself - I am a 3D character artist with a passion for 3D printing, I upload my models for people to download free for 3D printing.
So recently on my birthday, I was browsing through YouTube for the latest 3D printers. As I was watching this commercial video for a new 3D printer; suddenly I saw something that looked familiar. I skipped back to take a better look and to my surprise It was a printed model of my 3D character, alongside other different models. I was really glad to find that someone would choose my model over all other models that are probably way better than mine. I didn't really think of anything wrong with it at first, then it hit me, isn't this a violation of my copyright? did they ask for my permission? did they credit me? Wait, are they making money off it?
I was keen to know who they were so I searched for the company who made this video, and soon enough it leads me to their KickStarter page and obviously it had the same video that my model was. The funding was a huge success making over $200k within just 2 days. The model they used is available for free for anyone to download so I care not what people do with it. But I never expected to see a company use my model for their commercial use. The problem I had was that they used my design without my consent and even failed to credit the maker. This was a violation of my copyright and also violation of commercial-use since they used my design to promote commercial gain. Because of this I have decided that I should sue them.
Long story short, I contacted few solicitors for advice regarding this matter. They suggested me that I should write to the company and demand the fee. In terms of how much I should charge them the solicitor was not too sure, so he suggested me to look at other 3D designers and see what they charge for commercial licences for comparable designs. This is where I would like some advice from you guys who are more experienced regarding licences. On a side note from what I understood, according to Kickstarter policy copyright holder is liable to file a DMCA against a KickStarter campaign for IP violation that could postpone or even take down the whole campaign.
What would be the best way to approach this? I would appreciate any advice. Thanks!
Link to my model page: https://www.thingiverse.com/thing:2288677
Link to the Kickstarter video (around 0:8 mark, pink Native American Model): https://www.kickstarter.com/projects/249504031/sparkmaker-the-most-affordable-desktop-sla-3d-prin
My model and prints:
One shown on the KickStarter video:
Replies
They might want proof that you are the creator of the model, so figure out an easy way to prove that. Simply matching up your email with thingiverse might be enough.
Let them make the first offer, and go from there. If you don't hear from them in a few days, send an email giving them a week to respond saying that you will look into contacting Kickstarter for a DCMA request and possible further legal action.
Feasibility aside, if Zac's link to the license type is correct for the OP's thingverse model, there is zero legal gray area here.
In practical terms this means that if you upload a 3D model to a model printing database site, and flag it for non-commercial use, it's fine for someone to print your design for personal or educational use. Commercial use is not covered and is a clear violation of copyright.
Think of it another way. Let's say you draw a robot. You upload this image to a site with a creative commons non-comercial license. Someone prints your robot drawing and starts selling it. This is a clear violation of copywrite, and there is nothing special about a 3D printed object that negates basic copywrite law.
"is the plastic object they printed yours or theirs? Do you OWN every printed object made from your file?"- The OP owns the IP for the asset in question, and thus controls the rights to distribution of that IP, which covers not merely the collection of plastic of the resulting print, but the design and likeness of the asset.
Another example. Let's say the asset in question was a model of Mickey Mouse. Does Disney own the physical plastic the model was printed on? No. Does Disney own the IP to the character and right to distribute it's image as they see fit? Absolutely.
Whether it's practical to defend those rights is another matter, but it's a rather destructive attitude to ignore the rights of IP holders or insult them for having the audacity to consider exercising those rights. It's the same sort of self-destructive mentality that results in artists working "for exposure". Understand your rights, and the value of your IP!
I generally agree that it doesn't make sense for the OP to try to take legal action, he isn't Disney and the cost to litigate it would likely be much higher than any benefit he would see by taking it to court. That said, it is entirely possible that this was an honest mistake (Kickstarter company not knowing they needed to ask for rights or not understanding that a marketing video for a commercial product counts as commercial use - basically typical noob startup reasons), and Zac's advice for starting a polite dialog with them is very reasonable.
1. Are kickstarter funds income/is this company for profit?
Yes, kickstarter funds are income, and yes this company is for profit.
"In general, in the US, funds raised on Kickstarter are considered income." - Kickstarter: https://www.kickstarter.com/help/taxes
On the second count, you can assume anyone who is selling a product for money is doing it for profit/commercial purposes, unless they have told you explicitly that it is for charity.
Additionally, you don't need to physically sell one's IP to profit from it or otherwise see financial benefit. Including IP in a marketing video for a commercial product is *always* commercial use. You either get permission for it before hand, or you're infringing on the content creator's rights.
2. Citing court cases etc
Again copyright laws are very clear. We don't have special laws that only apply to people making 3D prints. This isn't a thing.
3. But, china!
Yeah, if this company is based out of China, our copyright laws would be essentially impossible to enforce, so it wouldn't be worth the trouble to try.
4. Ignoring rights/insulting the guy etc- sorry I re-read your original post again and you weren't really doing any of that. I must have nerd raged and read too much into it.
I will take Zac's advice and write a formal letter. If they are generous enough to compensate me then that's great, if not NBD. I got nothing to loose as I have done nothing wrong. And in case you're wondering, I have not spend any money getting advice from my solicitors.
Possible that this guys got the models from a different "seller" and thought they are in the right to use it.
In the best case you made them aware that they have to be careful about copyrights, but I wouldn't expect any money as compensation.
The beauty of it is that by doing that, you bring the issue to their attention and you also offer them an immediate solution they might agree with.