Good evening everyone, figured asking this question here might be a good place to start since I’ve filed to copyright claims on a model and both have been rejected.
I have recently created a somewhat popular model and have discovered someone has intentionally created a remix of my model without my consent.
Linked below is my model
And here is the unauthorized remix of my model
I understand that the model I have created is not a very complex one and you might think. How could I possibly know this emuser remixed or stole my model?
Well prior to uploading his own version he had commented on my model with advice on how to improve the print quality. And when I went to reply and thank him for the tip the comment had already been deleted.
Also when I go to the users saved collections he has my model in one of them, which appears to be a collection dedicated to pool models that I can only assume he also plans to “remix” without consent.
This may be the wrong place to post this I am not really sure, it is literally my first topic created but I figured why not ask all of you for you input and support on this. Thank you
Well, the “remix” looks like yours with fins added (or candy wrappers). As your original license did not allow remixes, (and he did not attribute where he got the idea from) I am going out on a limb and call this one at least IP infringement if not a blatant copywrite violation.
I don’t know where you are located, but in the US, if you filed for copyright with the Library of Congress, You do have standing to sue for copywrite violation. The IP or Licensing of the print itself, you also have standing, but I am not sure if this one also has a stipulation for monetary gain like copywrite does. In a nutshell, for copywrite violations to make it in court, the other person has to have made money from the violation to get anything. It may, or may not be the same thing for licensing violations.
From the Kent State University: see Title 17, United States Code, Sections 504, 505. Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense . Copywrite Details
Digital Files how to report. US Department of Justice Link. Linky
Replying to myself, but I strongly suggest that if you have an original “print” that you made yourself, and you are in the US, file the gcode, stl, etc with the Library of congress. If you do not, you may not have any legal recourse.
These screenshots tell me a story, and that story is he saw the success of my model and decided to remix mine.
Bit to mention he literally comments on the “other models” on maker world when my model is literally the first and only version of it. So he is obviously aware of mine and talking about it in his description. He shared his thoughts on my model and then dirty deleted the comment when he realized it was an opportunity to “make his own”
Also he has my model saved to his collection that looks like a collection of models he plans to copy.
I think similarly to @mugglesmuggle. If you don’t protect it under patent law, anyone can copy it. Utility models only provide limited protection. In the case of names, it can even happen that a company sees a name somewhere and has it protected for itself. Even though the name was someone else’s idea. There are a lot of pitfalls. You always have to think very carefully about what you publish and how you publish it.
An example from me
I’ve had a little thing on my desk at home for years. I designed it to be manufactured using 3D printing. As far as I know, no one else has come up with it yet. It can be 3D printed, even with less accurate printers. It fulfils a very practical, specific task and probably replaces other machined parts made from other materials such as metal. In addition, the design of the thing eliminates certain mechanical problems that can occur with such constructions. It is very good for its intended use, but also in terms of product life. It is currently too expensive for me as a private individual to have it legally protected. I might even die before this inconspicuous thing comes into the public eye.
Not much you can do about someone copying your idea. It doesn’t appear they copied your model though, probably took measurements but that’s about it. This would be much easier to recreate than to remix which is likely why he asked for .step files so he could steal it easier.
I would 100% post a comment about it on his though, only because his deleted comment to you seemed very dickish.
On a side note, when I was looking at the 3d previews for each, I noticed a major flaw with yours. You embossed part of the bottom text instead of debossed. Just thought I’d point that out so you could fix it.
I’ve test printed multiple from the profile and it doesn’t have any issues. Someone else mentioned it before but I had forgotten. Thanks for the reminder I’ll update the profile in the morning.
The standard digital license is not the same as copyright. Copywrite covers the idea or in this case the written g-code for the design. The last time I checked it was $35.00 to file for a copywrite. This gives you legal standing to sue if someone violates copywrite. (Involves getting a good lawyer)
Patent law would cover the actual part, and you probably could patent this if you wanted to, but it is expensive to do and I would suggest getting a lawyer involved.
Digital licensing is an entirely different area, and again, I would suggest getting a lawyer involved if you want to pursue this.
All in all, Fighting any of these can get expensive (lawyers), and in the case of copywrite, you are pretty much limited to the profits that the violator “stole” from you.
