[Commons-l] Models, toys, and other objects can be copyrighted

Matt Brown morven at gmail.com
Sun May 21 10:11:35 UTC 2006


On 5/21/06, Brianna Laugher <brianna.laugher at gmail.com> wrote:
> I freely admit that my knowledge of copyright is lacking. It can apply
> to 3D objects like toys, models? machinery like i-pods? cars, why not?

Under US law, at least, copyright law is not generally read as having
any bearing on photos of such objects.  Trademark law does, however,
for some commercial uses, in terms of things like logos.  However,
Commons has in general decided that we are not going to concern
ourselves with trademark issues when they impact only certain types of
commercial use.  They do not prohibit the uses of such images even in
a commercial encyclopedia.

Trademarked characters (e.g. Star Wars) are generally regarded as
being more protected than other 3D objects (because they are derived
work of things generally regarded as copyright-protected art, I guess,
as well as trademarked characters).

Photos of cars, ipods, computers, et al. are not a problem.

Photos explicitly of logos MAY be a problem, however.

-Matt



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