Hello there, I got I short question here that's hanging around in my mind for some time now. I am currently working on a 3D-Model of an item that's sold by a company for pc-parts. I would like to sell this 3D-model on cgtrader once. My question: Are there any legal consequences that could occur if I include the logo of the company; or even without showing it but building the model as close as possible to the original? For example that I'm not allowed to sell it because it touches a patent or stuff like that... Thanks in advance!
Yes, legal consequences could certainly occur if you will be selling model that includes brands for which you have no ownership, or license to use them commercially. That doesn't mean that you automatically WILL be in trouble though, it just means that you don't have any guarantees. You'll have to decide if you want to sell such model on your own risk.
The correct way would be to sell it under the editorial license!
For example, If you would make a 3D model of a graphics card from NVIDIA for news channels or educational uses, you are legally allowed to do this under editorial license.
This type of license makes use of the “fare use doctrine” embedded withing international copyright law.
If you instead sell it under a standard license, then technically you are sub-licensing and that’s illegal. Also the one paying for that license (your client) can technically sue you when he/she gets a copyright notice from the real copyright owners. For example, if this user makes a game and embeds your model within it, thinking he has purchased a valid license to do this. Then afterwards NVIDIA sue them because they did not give the rights/permissions to embed NVIDIA logo’s or product designs withing that game, then guess who’s going to pay for all the damages.
It will not be CGTrader because when you read the terms of use on this platform it clearly states the up-loader needs to be the owner of the copyright or select correct license accordingly.
So anything else is basically at your own discretion!
-JMG- - don't be silly, you can't buy license from nvidia, unless you're a serious multi-million company, they won't even talk to you. Editorial license that iterateCGI mentioned, is the license under which you can try to publish your product here at cgtrader, you don't have to buy it, or obtain it in any way - it's the license that will govern what your customers can do with your product when they will purchase it. Keep in mind, that it is not safe ticket to sell products with brands that you have no ownership - it's just a handy hack that lets marketplaces to close their eyes at millions assets that likely can't be selling legally. If nvidia will decide that their shares had fallen low enough and they need to cover their losses at someone else's expense, they might come after you and no editorial license will cover your ass ;]
On the other site it is correct to say that in reality the biggest threat which you can face is that your 3D model will be deleted (suspended) from marketplace. If intellectual property (brand) owners will be complaining. Like you can see that there are no BMW models on any marketplaces.
Otherwise all artists are selling branded models without any serious problems. In my 10+ years history I never got into troubles. Only once my model has been suspended on other marketplace. So no problem.
And the best thing yon can do before uploading some model is to research whether models of this brand are online on all marketplaces. Then you can be sure that you will have no problems with your model if other artists already successfully published similar branded models before you.
Only to set the correct editorial license.
https://tinyurl.com/rfahk3x9
"Games Workshop is a company that has become an international name due to its Warhammer universe and the extensive line of games and miniatures based upon it. Over the years, the company has earned a reputation for aggressively defending its intellectual property, in particular its trademarks."
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"According to the claim(s), Ghasemy extracted model files from a Warhammer video game, Total Warhammer, and converted them to a format that’s usable by 3D printers. They then claim he uploaded those files for free use on the website Cult3D."
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"They also sent a cease and desist letter to Ghasemy, which they say went ignored.
As such, Games Workshop is seeking the maximum damages, $30,000, for each of the cases."
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