All the STL files offered on Gambody are sold under the Regular Permission the terms of which you agree with and accept when purchasing the STL files of the 3D printing model. This Regular Permission presupposes that you can’t sell or otherwise distribute the digital file(s) or the 3D printed items produced under this Regular Permission; can’t use the 3D printed item in any commercial activity; can’t modify the digital file(s) and then sell the 3D printed items from such modified digital file(s). Adherence to the rules set forth by the Regular Permission terms is strictly controlled here on Gambody, and any violations are severely punished. You can read more about the Regular Permission here: https://gambody.zendesk.com/hc/en-us/articles/115000238491-Regular-Permission-for-3D-Printing-Personal-Use.
Comments
11 comments
Gambody can't actually enforce this. They are in a legally grey area anyway as they are making a profit off copyrighted IPs. There is absolutely nothing stopping you from modifying the file, such as scrubbing the godawful gambody.com logo off them, and selling them on from there.
Hello and thank you for leaving a comment!
There is another article in this Knowledge Base section dedicated to the copyright and license matters on our marketplace: https://gambody.zendesk.com/hc/en-us/articles/360020115992. You may take a look at the information and links that the article includes and let us know at support@gambody.com if anything is unclear.
As regards the logo embossed on the platforms of some of the older 3D printing models on our marketplace, it could be easily removed by our Moderation team upon the customer's request. As you may not know yet, once you make a purchase of STL files of a 3D printing model on Gambody marketplace, you are also provided with lifetime full technical support for this model. So if you want to have your model cut (or cut otherwise) for better printing, or you'd like some parts to be remodelled or have the embossed logo removed, you can always contact us, and we will do all these for you.
You're duplicating artwork from IPs owned by other companies and selling STLs of it, complete with a name that is the same as said IPs. I think you'll find you are definitely in a legally grey area.
"What can you legally do when it comes to printing fan art?
The basic law is that whoever holds the copyright to a certain thing has the sole right to make and sell “derivative works” , including sequels, based on the original concept. Even characters in a book or plot elements can have copyright protection. Fan fiction can definitely be considered a “derivative work”.
So does that mean that no fan art is allowed ever? Not necessarily.
Generally, you don’t want to do anything that would cause confusion as to whether or not a product is official. One thing that is usually fair game is a parody or a criticism, or something that is highly transformative. The more different it is from the original, the stronger your case is that your fan art falls under fair use laws.
Still, even when that line is crossed, there aren’t a huge number of trademark disputes over fan creations — but they do happen from time to time.
If you’re planning on making money off of your fan art, then they are more likely to happen. Still, fan art usually doesn’t harm the original creation, so copyright holders aren’t as likely to go after fans. It also isn’t typically a popular move with fans of the work, and can lead to backlash (famous Interview with the Vampire writer Anne Rice is a famous example of this). Avoid logos or trademarked names, as those are also more likely to lead to trouble."
So tell me, have you got consent from Disney for the Darth Vader or Mandalorian STLs you have uploaded? I imagine you don't. What about Bethesda for the Vault Boy STLs? Bet that's a big fat nope. Consent from the Tolkien estate for the Sauron statue? Hmm, I wonder...
If you were giving them out for free, then there'd be a lot less issues, but don't lie and say you are legally allowed to create derivatives from other people's work and sell them on.
Thank you for getting back to us!
As you might have already read in one of the answers provided by Gambody, the copyright on the digital file (STL) that the 3D artist creates from scratch using modelling/sculpting skills is indeed owned by this 3D artist who uses the advancement of the novel 3D printing technology to create unique digital files drawing inspiration from well-known elements of the modern media culture.
Content that is offered on Gambody is STL files only and we do have a license as well as permission from our contributing 3D artists that allows us to offer these files on our marketplace and grant the customers access to these files in exchange for the author’s commission. License both for the STL files and the resulting product that we've got presupposes only personal use. So as long as this product is being used solely for personal purposes it doesn't need any licenses that presuppose commercial distribution that the physical products you see in stores do.
You seem to have absolutely no idea how these licences work.
Let's try again. Do the users have consent from the copyright holders to create and sell artistic reproductions of their work? A simple yes or no will suffice.
I don't care about people selling 3D models, but how dare you tell users they are not allowed to sell prints of the work when the users should not legally be selling 3D models of copyrighted characters.
Kirby,
we highly appreciate your deep concern about the matter!
As we've mentioned before, all STL files that are available on Gambody marketplace were created from scratch by our contributing 3D artists who dedicate much time and effort in order to bring to life future 3D printing projects.
You might be interested in looking through the videos on Gambody's YouTube playlist titled "What is Gambody?": https://www.youtube.com/playlist?list=PL840Upc5TaYRNzwoQzn0ixpbiBmKGtaAP. Most of the videos in this playlist feature clips from every single step that the preparation of any high-quality model or figurine takes.
And the copyright on the digital file (STL) that the 3D artist creates from scratch using modelling/sculpting skills is indeed owned by this 3D artist who offers it to 3D printing enthusiasts for personal use only in exchange for the author's commission.
But if any of the customers happen to engage in commercial activity using the resulting product they would violate both the Regular Permission that the STL files come with and could breach the licenses that cover only physical items. Therefore, due to the fact that Gambody deals only with STL files and has nothing to do with physical items, the responsibility for the distribution of the resulting products without any respective license for doing so bears the distributor personally.
We wish you enjoy your 3D printing hobby and work only with 3D printing models and figurines that meet your expectations!
It was a yes or no question and you failed to answer.
Let's try again. Do the users have consent from the copyright holders to create and sell artistic reproductions of their work? A simple yes or no will suffice.
What Kirby is trying to make clear is the fact that the 3D artist does have the rights to his STL, but without a license from Disney he has no right to make money from it. So the model shouldn't be sold at all. This means that any licensing provisions on Gambody's part are absolutely void.
And that's what Gambody certainly knows but is trying to ignore here.
Ask yourself why other sellers of 3D models give away Star Wars models of good quality for free. They understand licenses.
YOUR words:
Only the copyright holder of a work may do the following:
Co muszę zrobić, żeby móc sprzedawać kupione u was modele , przepraszam ale nie mogłem znaleźć tej informacji
Hi Kajetan! Thank you for reaching out about potentially collaborating with Gambody Marketplace!
Just to clarify, the 3D printing models on our marketplace are distributed under the terms of Regular Permission. This means that you can print purchased 3D printing models and figurines for your private collection or share them with friends and family, but you can not engage in the commercial distribution of either files or 3D printed projects, as it violates the rules of Gambody marketplace: https://gambody.zendesk.com/hc/en-us/articles/115000238491-Regular-Permission-for-3D-Printing-Personal-Use.
However, if you're interested in 3D printing for commercial purposes, we can offer the list of Extended Permissions for a small range of 3D printing models. We offer several options for potential cooperation for different business categories, such as Small Proprietors, Small Businesses, and Enterprises. For detailed information and terms of such cooperation, one may explore the specific terms of each one by selecting the respective category via the following link: https://gambody.zendesk.com/hc/en-us/categories/115000027351-Regular-and-Extended-Permissions.
Please note that not all models may be eligible for Extended Permissions, so if you have a specific model in mind that you'd like to distribute, feel free to specify it in your email to support@gambody.com. We'll be happy to consult you further and provide the best options for our potential cooperation! Best regards!
@Kajetan
Google translator:
Potrzebujesz licencji od posiadacza praw. Na przykład w przypadku jakiejkolwiek zawartości z Gwiezdnych Wojen nie jest to Gambody, jak próbujesz to przedstawić! Prawa do Gwiezdnych Wojen należą do Disney Group. Zakładam, że Gambody nie ma licencji Disneya. Oznacza to, że nie wolno w ogóle wykorzystywać tych modeli w celach komercyjnych! A to oznacza, że wszystkie ograniczenia nałożone przez Gambody są nieważne. Dlaczego nie możesz znaleźć adresu firmy na ich stronie internetowej? W każdym razie modele sprzedaję tak jak mi się podoba. I założę się o życie, że nigdy nie usłyszę słowa prawnika Gambody! Oni doskonale wiedzą, że nic nie mogą zrobić!
english:
You need a license from the rights holder. And with any Star Wars content, for example, that's not Gambody, as they're trying to portray it! The rights for Star Wars belong to the Disney Group. I'm assuming Gambody doesn't have a Disney license. This means that they are not allowed to use the models commercially at all! And this means that all restrictions set by Gambody are invalid. Why can't you find a company address on their website? In any case, I sell my printed models if I want to. And I bet my life that I will never hear from a Gambody lawyer! They know full well that they can't do anything!
From Gambody's perspective, copyright provisions probably only apply to their own content! The rights of others are simply ignored!
Please sign in to leave a comment.