What is 3D printing?

Before we get too far into the law surrounding 3D printing, it’s helpful to know what 3D printing actually is. In many ways, a 3D printer is just like the printer you have at home: it uses a computer file as a blueprint; it uses ink; and it prints in layers to build up a final product. However, unlike your printer at home, it can print three-dimensional objects and use a wide variety of substances and materials for “ink.” What sets 3D printing apart from regular manufacturing is that 3D printing uses a layering process to create the object, as opposed to filing down a block of material.

Admittedly, this is a very cursory introduction to how 3D printing works. For some online sources explaining the mechanics of 3D printing, check out “How 3-D Printing Works” and “How 3D Printers Work”. If you’re in the San Diego area and are really interested in some hands-on time with a 3D printer, check out FABLAB San Diego for opportunities to learn about 3D printing by doing.

How are 3D-printable files created?

Before we talk about who owns a 3D-printable file, it’s helpful to know how exactly 3D printed files are created. Currently, there are two ways to create a 3D-printable file. One way is to use a 3D scanner, and scan an existing object to create a 3D-printable file, much like you would with a 2D scanner. Another way is to create a 3D-printable file on the computer, creating a Computer-Aided Design file (“CAD”). CAD files are 3D drawings typically used as a ‘blueprint’ by architects, engineers, and designers. Currently there are two popular formats for 3D-printable files: CAD and STL. CAD files are easily created, read, and edited by 3D drawing software. STL files have limited editing features, but can be easily read by the 3D printer.

Laws that relate to 3D Printing

There are three overarching types of intellectual property that relate to 3D printing: copyright, patent, and trademark.

Copyright law protects original creative expression such as sculptures, books, movies. But the bar for creative expression is pretty low, even things like a child’s drawing or the design of a website qualify for copyright protection.  Copyright protection is also automatic from the moment of creation; meaning just because something isn’t registered with the copyright office doesn’t mean it is not subject to copyright protection. A more detailed explanation of copyright law can be found near the end of the guide here.

Patent law protects leaps of invention such as new medicines, technologies and sometimes even software. Patent protection is not automatic and involves an expensive and time intensive registration process. A more detailed explanation patent law can be found near the end of the guide here.

Trademark law is a little bit different than copyright or patent law. Instead of protecting creativity or an idea, trademark law is designed to protect consumers. Trademark law provides the right to use a particular name, slogan, or logo in connection with goods or services, and is focused on ensuring consumers can identify the source of a good or service. A more detailed explanation Trademark law can be found near the end of the guide here.

If you have any other questions regarding 3D printing and the law please don’t hesitate to contact New Media Rights via our contact form.

Remember that scene from “The Fifth Element” when Leeloo is reconstituted using her DNA as a blueprint? Did you ever want your own Replicator from Star Trek? Within the last few years, hype about 3D printing has steadily grown and the stuff of Sci-Fi dreams is closer to becoming a reality. 3D printing has already allowed surgeons to partially reconstruct a person’s face and even print food! We’re not quite all the way to having our own personal Replicator, but rapid advances in 3D printing are bringing us closer every day.

These rapid advances in technology also raise interesting new legal questions.For example:

• Does the creator of a 3D-printable file always own the file?
• What can or can’t be done with a 3D-printable file that is owned by someone else?
• When an object is printed, who owns it?

The goal of this guide is to answer these types of questions as well as introduce you to 3D printing. In the spirit of keeping our answers short and straightforward, we have separated general intellectual property concepts and definitions into their own sections at the end of this guide so readers that want to learn more about any of the legal concepts in this guide can. If you are less familiar with copyright, trademark and patent law you might want to start by reading the sections specifically on these laws first before jumping into the rest of the guide.

Disclaimer: This guide is NOT a substitute for legal advice. A guide like this only serves to provide basic orientation and introduction to the topics discussed.

Contents

• 3D printing 101
• Legal issues caused by creating a 3D file by scanning an object
• Legal issues caused by creating a 3D file using only a computer program
• 3D printing and repairing products
• 3D printing copyright basics
• 3D printing trademark basics
• 3D printing patent basics
• What type of legal help does New Media Rights provide to Makers?

If you have any other questions regarding 3D printing and the law please don’t hesitate to contact New Media Rights via our contact form.

****Special thanks to New Media Rights Intern Christine Brekke who helped write this guide****

Today we filed our reply comments in the FCC's Open Internet proceeding.  We focused on a series of claims by broadband providers that are simply not supported in the record, and amount to a "take our word for it" approach.  As with our initial comments, our goal is meaningful, defensible protections for the Open Internet under Title II of the Communications Act.

Today New Media Rights joins the Internet slowdown, a large coalition of organizations and individuals that want to protect and preserve the Open Internet. If you don't want your favorite websites to look like the loading icon below, join the Internet Slowdown.

Today New Media Rights joins the Internet slowdown, a large coalition of organizations and individuals that want to protect and preserve the Open Internet. If you don't want your favorite websites to look like the loading icon below, join the Internet Slowdown.

Our newest guide is designed to help scientific, research, and archival projects understand Intellectual Property and other important considerations when entering a Fiscal Sponsorship relationship.  

Are you an individual, researcher, scientist, small laboratory, or archivist interested in collaborating with a larger non-profit? Then you may need a fiscal sponsorship agreement. A fiscal sponsorship is when a non-profit organization offers their legal and tax-exempt status to an unincorporated project engaged in activities related to the sponsor’s mission.  It typically involves a fee (or percentage of donations) paid by the project to the sponsor in exchange for the sponsor non-profit’s administrative support and any other activites agreed upon and documented in the fiscal sponsorship agreement.

When entering a fiscal sponsorship, most people are primarily concerned with receiving the benefits of a larger supporting organization and being able to accept tax deductible donations.  However, in the rush to get things going, individuals often forget to ask some very important questions and can end up signing away their rights to their research, equipment, and even the name of their project. 

This guide will help you understand and clarify ownership of intellectual property rights when entering a fiscal sponsorship agreement. It will also identify some of the key considerations when entering a fiscal sponsorship agreement as a small lab or research project. 

We've provided free and nominal fee legal services in over 1000 matters since 2008! These 1000 matters include creative projects, free speech, nonprofit services, and job-creating business ideas that may die on the vine, or be the victim of improper censorship without these services. But we can't do it without your help!  We're asking for your donation now to ensure our services will be available to the next 1000 clients who need it.

Your donation will help ensure we have the resources to reach a wide variety of clients to provide critical legal services. Clients much like Anita Sarkeesian. Here is her story of how we helped her fight improper takedowns of her pop culture critiques.  

Today, New Media Rights joined a global coalition of access to research, science and education organizations to call on STM to withdraw their new model licenses.  The new model licenses are not only largely incompatible with other open licenses systems but are also internally inconsistent. This new licensing system will also likely cause substantial confusion and do more to impede the flow of critical scientific research than it will to foster knowledge.   Finally the new licenses will also create substantial legal uncertainty, which could only be resolved through costly litigation in multiple jurisdictions all around the world.

A complete list of signatories as well as the full letter can be found here.