3-D Printing
Raymond Carlos Cruz
Theatre Department
George Mason University
November 11th, 2014

Legal

Though there are certainly numerous benefits to 3-D printing, there are also legal aspects to be aware of when creating this magnificent technology. On April 26, 2013 The United Nations (UN) celebrated World Intellectual Property Day. Not everyone is getting hyped about the technological sensation. "...The Geneva-based WIPO organized an exhibit and panel discussion featuring three dimensional (3D) printing. In a statement, WIPO said that 3-D printing is both a manufacturing and a digital technology, and as such, it makes the unauthorized copying of objects easier, raising a number of challenges to intellectual property protection" ("On world intellectual property day," 2013, para 4). How 3-D printing can make a copy out of anything is one of the most commonly questioned aspect to 3-D printing. There are those who create the idea, and those who want to steal it and make selfish fortunes. One could question if this technology poses more of a problem that a solution. The 3-D printing market is growing significantly. It is only a matter of time until everyone has one in their homes." The global 3D printing market was worth USD 2,200 million in 2012 and is expected to grow at a CAGR of 16.8% from 2013 to 2019... infringement of intellectual property rights has increased the number of laws and regulations adding another restraint to the market"( "Research and markets," 2014, para 1). Just because the 3-D printer has not clinched itself to the everyday use of the world , it doesn't mean there will be people who are plainly uninformed of the laws. There are people who have already felt the repercussions of copying a manufacturer's design . " Thomas Valenty bought 3-D printer and printed WarHammer figures with his own modifications to it, he posted the design on Thingiverse.com, and soon after Games Workshop, the company that owns WarHammer, issued a takedown notice for his design because it violated the Digital Millennium Copy Right Act" (Thompson, 2012, para 1). These takedowns are only the beginning because these issues that will explode into larger problems. Phoebe Li is a Lecturer at Sussex University and Stephen Mellor, James Griffin, Charlotte Waelde, Liang Hao, and Richard Everson are from Exeter University and their case study about 3-D printed chocolates helped solidify that: The laws do not apply only to those objects that are 3-D, but to those that are also 2-D as well. "What is relevant about an artistic work for 3D printing is that representing a two-dimensional artistic work in three dimensions is a reproduction for the purposes of copyright infringement, as is representing a three-dimensional work in two dimensions. So, for example, a drawing of a cartoon figure protected by artistic copyright which is represented in three dimensions in chocolate is a reproduction of the drawing for the purposes of copyright. Similarly, a three-dimensional cartoon character protected by artistic copyright represented in the form of a flat chocolate is also reproduction for the purposes of copyright" (Li et al., 2014, para 18). People must be aware of certain laws about trademark and patents as well because those play a huge factors in legal battle. Michael Weinberg (2010), the author of It Will Be Awesome if They Don't Screw it Up: 3D Printing, Intellectual Property,and The Fight Over The Next Disruptive Technology and also a senior staff attorney with Public Knowledge puts it plainly. Printing a trademark of a company or printing a product patent is illegal (p.7-8). In an interview, Michael Weinberg expresses a loophole in the aspect of patent printing, "Printing in 3-D is a disruptive technology that raises a lot of intellectual property issues...however, the legal situation might actually favor the amateurs... disputes over copies of physical objects are often fought using patent law, which is far less strict than copyright. For example, patents last only 20 years, which means many cool everyday objects (Lego bricks!) are long out of patent. What's more, patent law generally governs only a complete assembled product, so creating replacement parts--a thriving pastime among hobbyists--is probably legal" (Thompson, 2012, para 2-3). As long as people know the laws of copyright, trademark, and patent laws, there won't be a problem. Those who hosts a design file for 3-D printing must be careful about what material they upload and how it is distributed. There are two kinds, an open model is when users are free to upload anything, and do whatever they want to the model. Contrast to an open model is a money model. A money model it is a site that sells 3-D designs. Subcategories of the open models and money models are indirect and direct infringement. The author of the article, The Next Napster? Copyright Questions as 3-D printing Comes of Age , Peter Hanna (2011), also defines the types of infringements sites can produce. Indirect infringement is when one supports another to infringe a patent, whereas direct infringement copy the patent and sell them through the site itself. However, Peter Hanna also commented on the reason why there hasn't been as much lawsuits filed. "...but it’s probably because so few people have 3D printers and any takedown might be bad PR..." (pg. 2) It's really not a matter of when laws will affect the 3-D printing industry, but it's a matter of how. Laws are laws. They are there for a reason. Just because a new technology arises does not mean we will always bend the rules for it. Perhaps one day, 3-D printing technology might push law makers to pass laws about the ability to copy our organs.