• Copyright is a form of protection provided for original works of authorship, including literary, dramatic, musical, graphic and audio-visual creations.
When you create something original, you own the copyright for it. Likewise, when other people create content, they may own the copyright to it. As a creative community, it’s essential that everyone on 3Dupndown.com respect copyright laws.
How to check/avoid:
• Respect copyright. Only upload 3D models that you made or that you are authorised to use. Read our Copyright Tips for more information.
• If it’s all yours, you never have to worry about copyright - you own it.
• Which types of work are subject to copyright?
: When a person creates an original work that is fixed in a physical medium, he or she automatically owns copyright to the work. Copyright ownership gives the owner the exclusive right to use the work in certain, specific ways. Many types of works are eligible for copyright protection, including:
1) Visual works : such as 3Dmodeling files, paintings, posters, and advertisements.
2) Sound recordings and musical compositions.
3) Written works : such as lectures, articles, books, and musical compositions.
4) Audiovisual works : such as TV shows, movies, plays and musicals and online videos.
5) Video games and computer software.
Ideas, facts, and processes are not subject to copyright. In order to be eligible for copyright protection, a work must be both creative and fixed in a tangible medium. Names and titles are not, by themselves, subject to copyright protection.
Some content creators choose to make their work available for reuse with certain requirements. For more about this, you may wish to learn about the Creative Commons license.
• Can 3Dupndown.com determine copyright ownership?
: No. we are not able to mediate rights ownership disputes. When we receive a complete takedown notice, we remove the content as the law requires.
After this, it’s up to the parties involved to resolve the issue in court.
: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.
In many countries, certain uses of copyright-protected works do not infringe the copyright owner’s rights. For example, in the United States, copyright rights are limited by the doctrine of “fair use,” under which certain uses of copyrighted material for criticism, commentary, news reporting, teaching, scholarship, or research may be considered fair. U.S. judges determine whether a fair use defense is valid according to four factors, which we’ve listed below for educational purposes. In some other countries, there is a similar concept called "fair dealing" that may be applied differently.
Remember, it is your responsibility to understand the relevant law and whether it protects the use you have in mind. If you plan to use copyrighted material you didn’t create, we'd strongly advise you to take legal advice first. We cannot provide legal advice or make legal determinations.
1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
: Courts typically focus on whether the use is “transformative.” That is, whether it adds new expression or meaning to the original, or whether it merely copies from the original.
2. The nature of the copyrighted work
: Using material from primarily factual works is more likely to be fair than using purely fictional works.
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
: Borrowing small bits of material from an original work is more likely to be considered fair use than borrowing large portions. However, even a small taking may weigh against fair use in some situations if it constitutes the “heart” of the work.
4. The effect of the use upon the potential market for, or value of, the copyrighted work
: Uses that harm the copyright owner’s ability to profit from his or her original work are less likely to be fair uses.
1. Creative Commons licenses provide a standard way for content creators to grant someone else permission to use their work. 3Dupndown.com allows users to mark their 3Dmodels with a Creative Commons CC BY license.
2. Attribution is automatic under the CC BY license.
3. What's eligible for a Creative Commons license.
: Please understand that you may only mark your uploaded 3Dmodel file with a Creative Commons license if it consists entirely of content licensable by you under the CC BY license. Some examples of such licensable content are :
1) Your originally created content
2) Other videos files marked with a CC BY license
3) 3Dmodel files in the public domain
Q1. I purchased the 3Dmodel file myself. Why was it removed?
A1. Just because you purchased content doesn't mean that you own the rights to upload it to 3Dupndown.com.
Q2. What are the consequences of copyright infringement?
A2. We comply with the Digital Millennium Copyright Act (DMCA) and other applicable copyright laws. Under these laws, we remove 3Dmodel files when properly notified that they violate copyright.
Q3. Where else can I find more information on copyright in countries outside the U.S.?
A3. The Electronic Frontier Foundation provides a database of copyright laws around the world.
Q4. Can 3Dupndown.com determine copyright ownership?
A4. No. we are not able to mediate rights ownership disputes. When we receive a complete takedown notice, we remove the content as the law requires. After this, it’s up to the parties involved to resolve the issue in court.
Q5. What is the difference between copyright and trademark? What about patents?
A5. Copyright is just one form of intellectual property. It is not the same as trademark, which protects brand names, mottos, logos, and other source identifiers from being used by others for certain purposes. It is also different from patent law, which protects inventions.