Very similar design to a Kickstarter campaign
Hello dear Prusa community,
I found the Kickstarter campaign (Link) two weeks ago and immediately thought to myself: I can (print) that too!
No sooner said than done ... I now own a “Noku Canvas” that I designed in Fusion and printed on my MK3S myself (see the attached photo).
I would like to make the files available to the community, but I'm not sure if I can. My design is very much based on the kick starter campaign.
Therefore, I now have a few questions:
- Can I see if the design of Shirinoku (creator) is somehow legally protected?
- If so, can I still publish my "design" on prusaprinters?
- If it is not protected, does the intellectual property law still apply here (either from Shirinoku or maybe even from me)?
Since I am enthusiastic about the idea myself and I think that it is easy for the 3D printing community to do something like this itself, I would like to let you participate (of course with a mention of the Kickstarter campaign).
Does any of you know what the legal situation looks like in such a case?
Many greetings and happy printing!
Panther
RE: Very similar design to a Kickstarter campaign
would you be able to share the stls directly? I backed that compain adn waiting for my tiles. Would love to try 3d printing my own in the meantime
Laws vary a little around the world and it does depend on the original designer's location, your location and the publisher's location but most countries abide by similar laws.
Usually:
The originator has automatic copyright for original designs.
You cannot copyright an idea - but you can patent it.
If your copy is too close to that published it will infringe copyright and the originator has an infringement case in law. How close? Consult a lawyer.
If you re-implement an idea with completely new designs you probably don't infringe copyright but you may be infringing patents if the originator has taken them out.
If you make a copy purely for personal use you are unlikely to incur serious punishment but if you sell or give the designs or the product to a third party you are likely to be adjudged as infringing the originator's right to expliot his/her work and punishments can be severe.
And I am not a lawyer.
Cheerio,
RE: Very similar design to a Kickstarter campaign
Patent laws are not really fit for purpose these days as it takes many years for a patent to be granted but only a few months for a product to be copied (usually by someone in China). To make matters worse for inventors, the main online markets like eBay, Amazon, Etsy etc. ignore take down requests where a patent is pending and only respond if a patent has actually been granted and even then often, only with a court order. They just take their cut from the sales without a care in the world.
The inventors of this product have probably dedicated more than six months of their lives (so far) to get their idea to market and would most likely be devastated if a copy [physical or .stl] were to appear online. I am saying that it would really upset them and make them unhappy.
My view is that you should take the moral high ground, go ahead and print your copy of their product for yourself but not share it online.
RE: Very similar design to a Kickstarter campaign
I would like to make the files available to the community, but I'm not sure if I can. My design is very much based on the kick starter campaign.
My immediate reaction is no, you have directly copied their work and whether or not the law applies from where they are to where you are, it's simply morally wrong to do so. It would be a little like me copying your airbrush stand and publishing it as my own design.
To be sure though, why don't you ask them the question through the FAQ contact form on Kickstarter? Perhaps their intention is to allow the design to be available to individual makers - they have certainly provided enough detail for anyone to copy.
Let's know if you do, what the reaction is! Cheers, P
RE: Very similar design to a Kickstarter campaign
It seems to me that if you feel you need to ask then the answer is probably no. It's likely best to no post it. Just my thoughts.
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RE: Very similar design to a Kickstarter campaign
What would be the issue? The websites are full of copied contents: Gardena connector clones, etc.
Prusa Mini FW4.4.1
If the orginal is published with a licence that permits it - it's fine.
Any other copy is technically unlawful and if the owner of the copyright/patent wishes to pursue a claim (as we have seen here recently) then you had better have deep pockets for lawyer's fees and possible damages.
Cheerio,
RE: Very similar design to a Kickstarter campaign
Yes there is a lot of stolen stuff on the Internet being sold for profit or distributed for free by "enthusiastic" pirates. That don't make it right though.
What would be the issue? The websites are full of copied contents: Gardena connector clones, etc.