Im having a problem with copyright on 3d printed models i paid for on cults 3d the models have Commercial use and cc by

Question

Im trying to sell helldivers 2 3d printed models on etsy that i paid a creator on cults 3d for Commercial use and cc by but im being told by the etsy community that its still Illegal even tho i paid for them and have the permission from the artist to sell them so im basically confused on what to do and iv removed all of my listing from the store

James L. Arrasmith · Answer

This is a complex situation that involves several layers of intellectual property law. Let me break down the key issues: 
 
1. Copyright of the 3D models: 
   - You purchased the 3D models from a creator on Cults3D with a commercial use license and Creative Commons Attribution (CC BY) license. 
   - This generally means you have permission from the creator to sell products made from these models, as long as you provide attribution to the original creator. 
 
2. Trademark and copyright of Helldivers 2: 
   - Helldivers 2 is a video game property owned by Sony Interactive Entertainment. 
   - Even if you have permission to use the 3D models, you may not have permission from Sony to sell merchandise based on their intellectual property. 
 
3. Fan art and derivative works: 
   - The 3D models you purchased are likely considered fan art or derivative works based on Helldivers 2. 
   - While the creator of the 3D models gave you permission to use their work, they may not have had the right to grant commercial use of Sony's intellectual property. 
 
The confusion here likely stems from the difference between the copyright of the 3D model itself (which you have permission to use commercially) and the underlying intellectual property of Helldivers 2 (which you may not have permission to use commercially). 
 
To resolve this situation, you have a few options: 
 
1. Contact Sony Interactive Entertainment to seek official licensing for Helldivers 2 merchandise. This is often difficult for individual sellers. 
 
2. Consider creating and selling original designs inspired by but not directly copying Helldivers 2 elements, which might fall under fair use (though this can be risky). 
 
3. Focus on selling 3D printed models that are not based on copyrighted or trademarked properties. 
 
Given the complexity of this situation, it would be wise to consult with an intellectual property lawyer who can review your specific case and provide tailored legal advice. They can help you understand the risks involved and the best way to proceed. 
 
Remember, while the Etsy community can offer general guidance, they cannot provide definitive legal advice. Always err on the side of caution when dealing with intellectual property issues to protect yourself from potential legal problems.

Q: Im having a problem with copyright on 3d printed models i paid for on cults 3d the models have Commercial use and cc by