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Turbo Squid and 3D Community : Site Suggestions and Feedback : Question about the product copyright policy.

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legendarylugi

Poster

36 Posts

1 Product

Question about the product copyright policy.

Posted 25-Nov-2007 5:33 PM
Modified by legendarylugi On 25-Nov-2007 5:55 PM

What if your product doesn't HAVE a copyright? Let me explain.

I recently finished a character model that I would like to sell on turbosquid. But I didn't copyright it, so, what does that mean for me, exactly? Because their policy says that when you sell something, you are warranting that you are the copyright owner for that product or someone who is authorized to act on their behalf. What if it doesn't have a copyright? Or is there some kind of implied copyright in the very act of making the model?

In all I've read in the FAQs, it doesn't mention anything about products without copyrights. Can someone clarify this for me?

EDIT: I have a second question. I made another model I would also like to sell, but I'm not sure of the legality of it. So here is the question. I used turnarounds as reference images for this model. What if the turnarounds used as reference for the model are copyrighted images? Does that make the model illegal for me to sell, even though I constructed the model from scratch, because the images it is based off of are copyrighted?

Zydroid

Advanced Poster

1025 Posts

2791 Products

RE: Question about the product copyright policy.

Posted 26-Nov-2007 6:31 AM

You don't need to "apply" for copyright...it's not like a patent or trademark...if you made it then you own the copyright to it..

Zydroid

Advanced Poster

1025 Posts

2791 Products

RE: Question about the product copyright policy.

Posted 26-Nov-2007 6:34 AM

you can't include other peoples copyrighted images etc with your products unless you get permission. You also can't modify them and include them...you can use them as reference images though.

legendarylugi

Poster

36 Posts

1 Product

RE: Question about the product copyright policy.

Posted 26-Nov-2007 6:37 AM
Modified by legendarylugi On 26-Nov-2007 6:57 AM

Thanks, you've been a big help. :D

Yeah, I figured as much about the copyright, but I wanted to be sure. And as for reference images, I was just curious where the line was. So you're saying I CAN sell a model based on reference images owned by someone else, as long as the files included with the model do not include any copy of the images themselves or a modified representation thereof? Got it.

mastermesh

Advanced Poster

201 Posts

9470 Products

RE: Question about the product copyright policy.

Posted 14-Jan-2008 10:37 PM

That's iffy... If you based your models on stuff (photos, etc) created by others, your work could be considered a derivitive, which means that you could possibly be sued for copyright infringement down the road... not likely, but not impossible either. Be cautious. Best to use your own work from start to finish. Also MAKE SURE you get model release forms like photographers use if you plan on using images of someone. Otherwise, not only can you get sued for copyright infringement, you could possibly get sued for violating privacy rights without permission.

alex silva

New Poster

1 Post

RE: Question about the product copyright policy.

Posted 16-Jan-2008 11:39 AM

3D Aircrew

Advanced Poster

2044 Posts

167 Products

RE: Question about the product copyright policy.

Posted 19-Jan-2008 3:15 AM

Although it is true a copyright is automatic when an artform "work" is created you do not enjoy the those rights through court enforcement unless you register them.

In other words the law does not allow you to sue in court unless they are registered. You can pursue other forms of protection like DMCA actions through letters and etc. but if you have to go to court you HAVE NO RIGHTS until registered.

Also if you register in a timely manner you can recover court costs. Register late and you can't.

I'm a big fan of copyrights ... they are even better than patents IMHO. However they aren't the big 300lb gorilla of the intellectual property protection world unless they are registered. It is a a one time 30$ fee last I checked and I believe an entire collection can be registered as a "work". (CD or DVD).

///--)\\\

mkiii

Advanced Poster

720 Posts

19 Products

RE: Question about the product copyright policy.

Posted 17-Feb-2008 7:48 AM

Best to remember that "International" Copyright is implimented in different ways depending on what country you are residing in. Granted, TS is operating under the laws of the USA, but you would have a hard job persuing a case through the US courts if you lived elsewhere unless you had a lot of spare cash & a good lawyer.

In any case, persuing the loss of a few of hundred dollars revenue would probably be laughed out of court. It might help in proving to TS that someone has stolen your model, but I'm dubious that a thief is going to be impressed by your prooof. I haven't found that to be the case so far when arguing with thieves on these forums. They all know that they are stealing other peoples work, and just don't care.


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