Powells Point, NC asked in Copyright and Business Law for North Carolina

Q: what are the legalities regarding 3d scanning an object, modifying it, then 3d printing and then selling that part?

I know that outright copying and selling is not legal. But what are the laws regarding scanning an object and improving upon the scan, or modifying it, and then 3d printing it to sell?

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2 Lawyer Answers
Sarah Teresa Haddad
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A: If the average layman or person cannot tell the difference between the original object and the 3d printing, then it may be illegal. It depends on the full circumstances of how the original object is used and its consumers, compared to how the 3d printing will be used, and its market.

James L. Arrasmith
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A: The legality of 3D scanning, modifying, and selling objects depends heavily on the original item's intellectual property status and how substantially you modify the design.

If the original object is protected by patents, trademarks, or copyright, you'll need to ensure your modifications are significant enough to constitute a new, original work. Minor changes or improvements typically won't protect you from infringement claims. The "fair use" doctrine might apply in some cases, but selling modified versions of protected designs usually falls outside this protection.

For items not protected by intellectual property rights, or where those rights have expired, you have more freedom to scan, modify, and sell. However, it's crucial to document your modification process and maintain clear records showing how your design differs from the original. You might want to consult with an intellectual property lawyer before starting such a venture, as they can review your specific case and help ensure compliance with relevant laws.

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