Can l sell fanart models for 3d printing?

Discussion started by 3dsofsan

Hello, l have been wondering since l saw a lot of copyrighted characters in marketplace, can l create 3d models of copyrighted characters such as spiderman, batman, gollum etc.and sell them? I don't wanna get into any trouble when it comes to copyrights so please let me know.

Thanks for advices !!!

Answers

Posted 4 months ago
1

Hi there,

Thanks for reaching out.

Yes, you can!
But if CGTrader will receive a copyright claim, the models will be suspended.

Kindly,
Agota from CGTrader

3dsofsan wrote
3dsofsan
Thank you for your answer :)
trimitek wrote
trimitek
I think this reply can be very dangerous to CGT, as it can be interpreted as encouraging criminal activity.
Posted 4 months ago
3

If you don't want to have trouble with copyright holders, then the answer is kinda obvious, isn't? You won't get into trouble if you won't be trying to benefit from copyrighted material. Simple as that. On the other hand, if you're willing to take a risk, you may try to sell the fanart under editorial license.

3dsofsan wrote
3dsofsan
so you mean that cgtrader benefit from copyrighted material by not suspending copyrighted materials?
LemonadeCG wrote
LemonadeCG
Cgtrader is not suspending copyrighted models, unless they receive claim from copyright holder.
Posted 4 months ago
2

Well, one of the biggest selling items on CGT for a long time was the baby Yoda 3d model. At least according to the top-selling lists. So I don't think CGT has a problem with it, but any time you're dealing with Disney products or large corporate trademarks, I'd be a little cautious.

3dsofsan wrote
3dsofsan
you are right thank you for your answer :)
Posted 4 months ago
2

I find the answer of A. on behalf of CGT incredible. It's like saying, yes, you can do ... (change the ellipsis to something illegal), as long as you don't get caught. Very little honest this position, it is not typical of a serious company. What are the terms and conditions for then? That answer contradicts points 4.1 and 18.2 of those terms. But even if the internal rules of CGT change, there is still the Law on Copyright and Related Rights of the Republic of Lithuania, which has a wider scope of application and is clear on this point. The fact that they delete the models, if there is a copyright claim, clearly shows that those models should not be for sale. And the response shows acknowledgment and consent, in exchange for great benefit. It also shows me CGT's unwillingness to crack down on fraud (even though they remove many users daily for violations) because they have made it such a lucrative part of their business model. Every day I have more clear that the solution to this problem does not go through the 3d markets.

3dsofsan wrote
3dsofsan
Thank you Tecna !
Posted 4 months ago
1

The copyright laws on fan art is pretty clear, but there are some cases where copyright holders may choose to ignore it, especially if the fanart is helping advertise their overall product. Usually, companies will completely ignore freely distributed fanart which is done free of charge. Sometimes fair use may protect fan art from being a copyright infringement, but this would have to be evaluated on a case to case basis. Most fan creations, especially those for profit, do not criticize or parody the source material, so they are not fair use.

Basically, it's the responsibility of the artist. I think CGT's stand on this is you can create "fan art" but it's at your own risk. If a cease and desist letter comes through, then not only will your product get cancelled, but you may end up in court. Just look at what happened with TS and that whole BMW car model issue.

luxxeon wrote
luxxeon
On the other hand, Star Wars fan art stuff has been around the 3d world for decades now, and I don't think I've ever heard Lucas Films take action. So far, I haven't heard of Disney taking action against this either. I'm sure they would be fearful to do so, because the fans have been some of the most loyal to that brand, and it would be very bad publicity for Disney to sue someone over copyright for a 3d model when fans have pumped billions of dollars into that brand over the years. Now if that person had nothing but Star Wars stuff and was making big bucks from it, and his products "competed" somehow with a toy or product that Disney was working on, then that's a different issue entirely. I'd bet anything that they would put a stop to that.
Mineral3D wrote
Mineral3D
Hehe just posted my comment below and had not updated this page before. Yes that's probably the reason CGT knows nothing will happen to them... Still bad to encourage people to break laws and not very serious.
3dsofsan wrote
3dsofsan
Thank you Luxxeon and Mineral !
Posted 4 months ago
1

Must be a very lucrative business model. Lots of Star wars models and other well known products on here.
So CGT has even no problem with large trademarks like the Walt Disney Company who bought the rights of Lucasfilm Ltd. about a decade ago.
Really bad to read that people can try to break laws on a marketplace which claims to be serious.

3dsofsan wrote
3dsofsan
Even my avatar pic is not belongs to me ( azog from lotr ) Oh God please forgive me for my sins ! /facepalm
Posted 4 months ago
0

Thank you all for your answers !!!

Posted 4 months ago
0

I am a generalist artist and I love making characters from universes I love (movies, series, games ...) I use the term fan art to make it clear that it is my vision, my reproduction of an existing character and not a likeness with all the identical characteristics. That is, I am not selling the original character, but my view of that character. The company has every right to find it wrong since they own the rights and may have it removed from the site and I will have no choice but to remove it. But I believe that the vast majority are not concerned with the guy who does some random things. The public that buys an original reproduction of a collectible paying thousands of dollars is not the same as who comes here. Another important point is that "fan art" allows you to get to know my work and may be interested in making proposals for me to develop something personal. If I created a personal orc, for example, I would draw less attention

(I even saw your photo and just created my Azog lol)

3dsofsan wrote
3dsofsan
I agree to you Conti, l really love to sculpt my fav. characters etc. ahahah your azog is awesome !

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