Question about copyright and similar situations, use of famous brand names.
Discussion started by FedirM
Hi guys,there was a question about copyright and similar situations, use of famous brand names.
Сan I sell 3d models on cgtrader that I simulate with real samples of spare parts (specifically, we are talking about spare parts for tesla electric vehicles)? Whether it violates any legislation of any country or not? I made the 3d models personally, they are mine.
also indicate in the description that these are parts from the "tesla" car using the name of this brand?
Who is not difficult, could you cover this issue in more detail for a beginner.
Answers
3
Vehicle parts are protected by patent law in other words you are not allowed to replicate those parts in any way shape or form. Friendly advice, avoid Tesla altogether.
Thank you, to be precise, I was going to simulate the charger that connects the car and the charging station, I designed one adapter according to my development, and simulated the factory adapters to test my product in 3D, I wanted to lay it out so that the work would not be wasted, I will think now how to do it right, because international adapter standards are not Tesla's personal property
Car models that i'm selling are digital presentation that can't be replicated in real life and are sold under editorial license wich means that who ever buys that isn't allowed to use that for commercial purpose and even this is in "grey" area of copyright because of how manufacturer see that, did they see it as a free promotion or as a copyright breach. Creating fully functional part replica of car part using real part as a reference is a patent law breach. In other words Digital vs phyisical. Apples and oranges. I suggest you to call Tesla and ask them can you buy tire caps as a spare part and after that come here and wrote what they told you (PS I know what they gonna ask you and tell you). You can get sued just for disassembling Tesla vehicle so what you think they gonna do to you when you start selling exact replicas of their car parts ?
Thank you, this is more intelligible. And if these are modified parts \ tuning, this does not apply to the above?
I think you can get away with modified/tuning parts, just don't do exact copies of original parts. That part that i mentioned that you can get sued for disassembling car, that's truth it's not a joke. Tesla company is known for suing for everything, they are kinda hard to deal with so be carefull with what you are doing.
1
Copyright can be simple however keep in mind the grey area, so for example:
You can make a copy of an original work and sell it as Editorial - this means the buyer is not allowed to use it for commercial purposes, usually only newsworthy or similar circumstances. You can read more about this in the copyright area in help on this website.
Companies can request that their product is not allowed as Editorial use however - Lamborghini, BMW & Mini for example do not allow 3D copies of their products/IP.
The Grey Area:
Companies like SMEG who make lots of ovens and stovetops often have their products appear in architectural renderings. They do not usually file for a DMCA take-down because it actually promotes their products since most archviz renders are not degrading - so is usually free advertisement for them without showing their product in a bad way (thats the key here since some companies would rather not risk it at all).
Furthermore, the most difficult part of this grey area is that without investigating each company individually its difficult to tell what is able to be modelled as Editorial and what is not, usually if it is branded or not your IP then you must label it as Editorial for your own legal safety and is potentially liable to be removed in future with a DMCA notice.
As I mentioned in the comment above, its all about how manufacturer sees it, does it sees it as free promotion or as a copyright breach, but i doubt that anyone would see selling exact replicas of parts for a real car as promotion.
@PhantomDesign Agreed, I think you hit the nail on the head in your above comment.
thanks for the help
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