3D printing

'Is it legal', 'can I do this' type questions and discussions.
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cannonking
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3D printing

Post by cannonking »

Hi there,

Quick question, because I want to make sure I'm not going to misinterpret the terms of a license. I have bought 3d printable model files on CGTrader. They are classed as falling under the 'Royalty Free license' as specificed here.

https://www.cgtrader.com/pages/terms-an ... ee-license
21.Royalty Free License
21.1. Product may not be sold, given, or assigned to another person or entity in the form it is downloaded from the Site or in 3D printed physical form. Product may not be used to create visual content, such as scenes, videos, or designs, which are published or sold through other stock media clearinghouses, unless it meets Incorporated Product criteria and it does not play a key role in the visual content.

21.2. The Buyer’s license to Product in this paragraph is strictly limited to Incorporated Product. Any use or republication, including sale or distribution of Product that is not Incorporated Product is strictly prohibited. For illustration, approved distribution or use of Product as Incorporated Product includes, but is not limited to:

- as rendered still images or moving images; resold as part of a feature film, broadcast, or stock photography;

- as purchased by a game’s creators as part of a game if the Product is contained inside a proprietary format and displays inside the game during play, but not for users to re-package as goods distributed or sold inside a virtual world;

- as purchased by creators of virtual worlds, metaverses, applications or platforms (including, but not limited to, social media platforms) if Product is provided to users of such virtual worlds, metaverses, applications or platforms to create embedded content and distribute, modify, publicly perform, or display such embedded content, provided that a) Product is not downloadable by users of such virtual worlds, metaverses, applications or platforms in the form in which it is downloaded from the Site and b) Product is not re-packaged as goods sold inside a virtual world, metaverse, application or platform;

- as Product published within a book, poster, t-shirt or other item;

- as part of a physical object such as a toy, doll, or model.

21.3. If you use any Product in software products (such as video games, simulations, or VR-worlds) you must take all commercially reasonable measures to prevent the end user from gaining access to the Product. Methods of safeguarding the Product include but are not limited to:

- using a proprietary disc format such as Xbox 360, Playstation 3, etc.;

- using a proprietary Product format;

- using a proprietary and/or password protected database or resource file that stores the Product data;

- encrypting the Product data.

21.4. Without prejudice to sub paragraphs 21.1-21.3, the Seller grants to the Buyer who purchases license rights to Product and uses it solely as Incorporated Product a non-exclusive, worldwide, license in any medium now known or hereinafter invented to:

- reproduce, post, promote, license, sell, publicly perform, publicly display, digitally perform, or transmit for promotional and commercial purposes;

- use any trademarks, service marks or trade names incorporated in the Product in connection with Seller material;

- use the name and likeness of any individuals represented in the Product only in connection with Your material.

21.5. Absent a written grant of rights greater than that contained in section 21 “Royalty Free License”, all other rights or sub-divisions of rights generally included in copyright are excluded from this license and remain the property of Seller.

21.6. The resale or redistribution by the Buyer of any Product, obtained from the Site is expressly prohibited unless it is an Incorporated Product as licensed above.
I would like to print some of the items that have been bought through this item and sell them commercially. Not the files themselves, I reiterate, but 3d printed physical copies OF the files. Is this legal? It looks in some parts of the license that it approves of this (as Incorporated Product?), but in others, it implies that it is forbidden. The legalese is consequently a little confusing and contradictory to me.

Vastly appreciating you spending your time to clear this up for me!
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AndyJ
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Re: 3D printing

Post by AndyJ »

Hi again CK,

I agree with you that the licence is very poorly worded.

My understanding of this lcence, based on the definitions contined in section one, is that the printed objects will be Incorporated Product, and so they will be subject to section 21.2 which specifically allows the sale of the printed items, as covered in the last example "as part of a physical object such as a toy, doll, or model'. What you apparently can't do is sell on or modify and sell the actual files you have purchased.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
cannonking
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Re: 3D printing

Post by cannonking »

That's wonderful Andy, thank you. It was my reading of the contract too (with my big reading specs on), but it's always good to have a more professional set of eyes confirm your reading.

The reason I ask is because a company has listed some items on there under that license for sale, and I suspect that they may have done so in error. So I would like to be sure that if they see my printing activities and it turns out that was a mistake on their part - I'm not going to end up hung out to dry.

Better safe than sorry!

Also, I'd just like to say that this website has been a godsend to me for questions like these over the years. I vastly appreciate what you do. Is there a way to buy you a drink or something? Volunteer hours are rarely well remunerated!
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AndyJ
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Re: 3D printing

Post by AndyJ »

Hi ck,

Thanks for the kind words. Glad to help.
Andy
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
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