3D Art 1: Modeling Lesson 1.2.2

02:00

ACTIVITY

WARM-UP

TODAY'S

AGENDA

• Review!
• Copyright laws

CLASSROOM

EXPECTATIONS

• Be kind and respectful
• Ask questions
• Have fun and don't stress
• Raise your hand if you want to turn on your mic

1.2.2: Copyright Laws & Modeling

Copyright laws

Copyright laws, especially as they relate to 3D modeling, are notoriously complex. Let's check out a case study of Toyota Motor Sales U.S.A. vs Meshwerks to start exploring these laws.

Case Study: The Overview

A Toyota agency hired Meshwerks to create digital 3D models of Toyota vehicles for advertising. Meshwerks measured each vehicle and used software to generate exact 3D wire-frame models, which Toyota used in ads online, print, and TV. Meshwerks then sued Toyota, claiming the use of models in multiple ads violated their agreement and infringed copyright.

Case Study: The Argument

While in court, Meshwerks argued about the time, effort, and skill it spent creating the 3D models. But the court focused on something else entirely: creativity and originality. The court relied on part of a law, which states that "a work must possess at least some minimal degree of creativity to qualify for copyright protection."Meshwerks then sued Toyota, claiming the use of models in multiple ads violated their agreement and infringed copyright.

Case Study: The Result

The court ruled Meshwerks lacked valid copyright since their models used Toyota designs, making them non-original. The 3D models were copies of Toyota vehicles, so no infringement occurred, and Toyota won.

WHAT DO YOU THINK?

You spent 3 months drawing this and post it on instagram to share with your friends...

...shortly after...you see your drawing on a tote bag in Target...you didn't have anyone ask you if it was ok, no one gave you credit, and no one paid you...

...is this ok?

Does this Happen Often?

How Would you solve this?

Does anything need done about this?

CopyRIGHT LAWS

Legal rights the creator has over their intellectual property (books, art, music, movies)

Economic Rights

Who gets paid?

Buying a shirt from an artist website?

Buying a shirt from a clothing company that an artist designed?

Buying a shirt from a company that used copyright free image?

Moral Rights

Who makes decision about the work?

You can allow or deny a movie company producting an animated adaptation of your story.

What happens if you take someone's work?

COPYRIGHT INFRINGEMENT

Recreates work and takes credit Selling/distributing copies of work without permision

Cease and desist Lawsuit filed against you

Plagiarism

The act of plagiarism is the presentation of someone else's work or ideas as your own, with or without their consent, by incorporating them into your work without acknowledging or crediting them.

Ownership

Ownership of a work of art depends on who creates it and under what terms. A freelance (or independent) worker is the sole owner of the copyrighted material. However, if a company hires a freelancer to create an original work of art for a fee, then the company and freelancer will need to negotiate who holds the copyright. If, on the other hand, an employee of a company creates an original work as part of their job, then the company typically holds the copyright.

Derivative Work

Derivative work refers to work that is based on or derived from an existing piece of work. When a person uses all or parts of someone else's work to create their new work, this becomes an issue of derivative work. After all, they are creating a new version of an already existing material. For instance, translating a novel from one language to another without getting a proper license is an example of derivative work. Here, the person doing so is liable for copyright infringement.

3D PRINTING?

Creating your own design

Using someone else's Design

vs

Patent free design

Paid to use design

Educational use

Copyright is for art Patent is for inventions

Taken, claimed as own, sold

Patent pending!

Wait, what is a patent?

A patent is a form of intellectual property that enables the patent holder to prevent others from making, using, or selling an invention or product for a certain amount of time.

* Albert Einstein worked in a patent office before devoting his life to Physics.

Next Class:

EXIT TICKET:

Economic rights allow the copyright holder to make their work available to the public for a certain fee.