Is it infringement or what?
Discussion started by skazok
I don't know what to say... I found a model that looks almost like mine but it is different.
This one is mine: https://www.cgtrader.com/3d-print-models/art/scul...
And this one belong to this wonderful person: https://www.cgtrader.com/3d-print-models/jewelry/...
Can we call it infringement or not? It is not obvious for me, strictly speaking the model is different, but it is so close to mine and so heavily inspired by the model of mine?
So, what do you think guys?
Answers
2
Unless you own copyright for stylized feather, then no, this is not infringement of your IP. The models are quite similar, but it is clear to see that those are two distinct models. It is quite possible that the other seller used your model as inspiration/reference. Is it illegal, no it isn't. Is it shameful behaviour, it depends, but in this specific case i think there's nothing wrong with it. Your model is clearly superior and the pricing is nicely reflecting that. Your model is targeted at the people who are willing to pay the price for the quality and the copycat model is targeted at the cheap buyers. All segments of the market are well served.
If you want to see really immoral seller, take a look at this master of copycat and infringement: https://www.cgtrader.com/esmilesvfx As far as i can see, he steals, copies and imitates dozens upon dozens models of other sellers. Below is small collection of models stolen only from me:
https://www.cgtrader.com/3d-models/household/other/electrical-installation-set
https://www.cgtrader.com/3d-models/electronics/other/switches-and-sockets-4c9e6f57-b910-4436-bb8e-7155ebef3956
https://www.cgtrader.com/3d-models/electronics/video/philips-tv-remote-controller
https://www.cgtrader.com/3d-models/household/other/tv-remote-control-e924f59b-e53f-4ae0-9f23-84471ec70db2
https://www.cgtrader.com/3d-models/food/miscellaneous/ketchup-bottle-0d970184-a401-466e-acfe-174e68fa3440
https://www.cgtrader.com/3d-models/food/vegetable/ketchup-bottles
What does it mean: "Unless you own copyright for stylized feather"? I thought that all designs under royalty free license are deemed being belong to the artist who posted it. The design is mine. I just looked for pictures of feather on the internet and then drawn my own picture, but I didn't copy some one else's design.
I your case design belongs to brand owners, you may call it infringement only if he/she just took your models and sells it with the same, or almost the same textures and meshes.
I don't want to argue with you about whether such thing as stylized feather can be copyrighted, or not - i'm not qualified enough for that. If you feel that the other seller has infringed your rights, then contact the support and let them deal with that. As for my provided examples, i'm not claiming that he stole my design, because the design is not mine of course, except for the ketchup label - it is bespoke and made by me completely out of my head. What i'm saying that such blatant copycatting of numerous models is shameful at very least. Especially since he's selling those models at the fraction of the price of original models.
Hi,
I took a look at this. It's SHOCKING how close they look!! Have you tried reaching out to them and telling the to take it down?
2
Is the design fully original, no reference was used or some existing silhouette, thus no way the two of you might get this from same reference?
Anyways, personally I would probably let something like this go because it does not compete with yours. Very few are going to have the need for the low-grade version of this design.
However, if this design is indeed fully original and yours, you can rightfully send a DMCA to CGtrader.
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