Selling 3D prints generated from traced online images

[Edzand226 0]

Hi - I have a question regarding ability to sell 3D prints (on Etsy for instance) when the roots of the model were created by tracing around an image online. For example I have created and printed several soap dishes by tracing around a online image as a template in CAD and then building the model from this. Is it ok to sell this, the model doesn’t include the original image its just been created from it? Many thanks, I find this very confusing! 
 

Printer: Creality S3 Pro

[Dustin 163]

I moved this topic to another section because it had nothing to do with the section it was in.

[ahoeben 1,992]

It is impossible to answer without knowing what images you are talking about. Copyright is not about images, it is about "intellectual property". That may include a likeness, which you copy by tracing. I am not a lawyer, and intellectual property right is complex. Depending on the images, and the person or business that owns the intellectual property, you can get into serious trouble - even if it is unlikely "they" find you unless you make a lot of money selling your prints.

 

Think of it this way: would you be able to sell your prints for the same amount of money if you did not take the original image as a template? If so, what gives you the right to make money by using something someone else created, without that other person (or company) getting a benefit of their original work? More than a rights issue, you can also see it as a moral issue.

[Slashee_the_Cow 454]

There are also a lot of image sites which how an image is licenced. If it's Creative Commons, then you can use it (you just might need to attribute the creator and post a link to the source of the image). Or just do a web search for "creative commons images" and there's probably at least a couple of sites dedicated to images you can use freely.

 

If you don't know the licence of an image, things get into a much greyer area, especially depending on jurisdiction (both yours and the creator of the image). Copyright is automatic in most places, however in some places there are exceptions for "transformative works" which yours probably is.  If you're not sure of the licence of an image, if you can contact the creator and ask if you can use it.

 

But for images you don't know and can't find out the licence for? You'd probably be alright, though if the creator contacts you and asks you to stop using it, stop using it. If they hit you with a copyright infringement notice straight away, then you can probably reach a settlement by giving them some of your profits from the products (and stop using it, duh). Taking things to court is expensive and anyone determined enough to enforce a copyright on their works will prefer an out-of-court settlement would rather not go to that expense.

[Edzand226 0]

Ok thank you for your responses everyone the advice is appreciated.

[ahoeben 1,992]

On 10/19/2024 at 2:46 AM, Slashee_the_Cow said:

If it's Creative Commons, then you can use it

"Creative Commons" is a bit more granular (and potentially limiting) than that. There are "Creative Commons Non-commercial" variants that specifically disallow you to use the work commercially (selling prints) or "Creative Commons Non-derivative" variants that disallow you to create something based on the original image but still allow you to use the image as is. Tracing and reselling as a 3d print in my opinion is exactly what is meant by "derivative work".