Can I sell models scanned by 3D scanner
Discussion started by huminlian
I have a 3D scanner and use it to scan many sculptures and home ornaments, artworks. Can I sell these models in cgtrader?
Answers
While we appreciate your ambition, the ambiguity is overwhelming. If you are going to site law from copyright, you should be specific in which terms. As @LemonadeCG mentioned there are many times of licenses that can be appropriated.
Specifics could include for example the 70 years from last copyright publish, royalty free artwork, etc.
To answer the OP question, I agree with @LemonadeCG. As long as the object you're scanning is royalty free put that license. If its Editorial, put that instead or custom. In my own experience, the license type doesnt really determine your income, people need content for many purposes.
You can't sell anything copyrighted. Period. If it is 100+ years old it's a public domain and it's not copyrighted anymore (not always). Btw CGT terms - 18.7. By uploading a Product to the Site, the Seller represents and warrants that: - the Product does not and will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights;
Thanks for clarifying your comment. You can indeed sell with an Editorial License which is a useful license for customers who engage in journalistic, editorial, cultural or otherwise newsworthy value.
No, you can't sell copyrighted stuff with any license. You can't even give it for free.
I dont think you understand the license types. I have sold much more than 3D stock for the past 10 years, I have produced a lot of Royalty Free and Editorial content for different customers with different license types including custom licenses. In the end If you sell something as Editorial it is up to the customer who purchased the item to use it in the correct manner otherwise they can be filed for DMCA takedown or compensation, which is not your problem after clearly defining the license type. You are also liable to have your own content taken down if the company doesn't want their brand sold as Editorial, this is not illegal, it is simply a request from the copyright owner. If you still dont agree, we will have to agree to disagree and call it a day, thanks for the chat :)
I don't think you know what is editorial license. Editorial license for 3D models was "invented" by Turbosquid and has very little in common with traditional editorial license for photography, maybe the name. You can't take a product photo of iPhone and sell it with editorial license but in 3D it's somehow magically possible. I can "invent" my own licenses but that does not give me the rights to sell something I don't own. And you say customer has to use it correct manner "otherwise they can be filed for DMCA takedown or compensation". Same applies to seller in which case correct manner means obtaining rights to sell it, otherwise he can be filled for DMCA takedown or sued for compensation. Only because these things happen rarely in this industry does not mean it is legal.
Well actually you definitely can take a photo of the iPhone and sell it under an editorial license. This wasn't invented by Turbosquid, this has been around much longer than Turbosquid. In fact if you have ever sold products on stock websites like Pond5, Shutterstock etc as I do regularly you would know how stringent the license terms are. The only way you can sell items with a brand on them in 2D stock is by having an editorial license, which must only be used for editorial purposes (non-commercial). I see you have a lot of reading to do, ill leave you to it. For example, iphone available on istock, https://www.istockphoto.com/photo/apple-iphone-11-pro-isolated-on-white-background-gm1197063336-341641370
If you would read editorial content guidelines of any of stock photo site you would know that what you posted is clearly violating them.
Editorial photo license which is there much longer than Turbosquid means that you can use a photo of a scene(not an isolated object) containing something with trademark, copyright, celebrity only in an Editorial (newspaper) way. Then came Turbosquid with their "editorial" license which said we don't have rights for this so you have to obtain them by yourself.
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The answer is not a strait forward yes or no.
You can do it, (lots of people do it) but the question is, can you get in legal trouble if you do so?
I believe you can (even with editorial license applied).
Its not safe to make it your business model to reproduce copy’s of someones ells designs and profit from it. Editorial license does not provide a legal pathway to commit copyright infringements, rid all responsibility and transfer them to the one that is buying the reproduction (although lots of people believe so).
Everyone knows editorial license often gets used as legal loophole to “exploit” the so called “fare use” doctrine in copyright law. This doctrine provides a set of ideas/exceptions that would grand “some” rights to reproduce something and recover “expenses” made for making that reproduction. This loophole in law was specifically made to provide “some” pathways for making a reproduction for the purposes of news or education without getting into “trouble”. It was mainly purposed to provide some rights to “quote parts of text”, but then extended to images and portions of video. Now this gets used for selling 3D models, 3D prints, 3D scans, make YouTube video's, etc. It gets stretched to is absolute limits.
It’s not fail-safe to hide behind this and lawfully make profit from someone ells designs. Just because lots op people run the red lights, that does not mean it becomes legal to run the red lights.
Providing models of some byzantine ornaments and 16 century statues or sculptures, etc. are not going to be a problem. But making copies of recent popular designs (original artist still around) and providing those for making profit, is probably not going to be 100% safe (even with editorial license applied).
In any case, when your reproduction depicts a recent design that is not yours then royalty free license is legally off limits. Under right circumstances it can be safe with editorial license applied.
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