Copyright Reference Model Concerns

Summary

Using a Sketchfab model as a reference to create your own 3D model can be a gray area in copyright law. Consider originality, substantial similarity, and fair use. Always seek permission from the original creator if possible. If the model has unique artistic elements, it may be protected by copyright. Creating a near-identical model could still be considered infringement. Exploring public domain or Creative Commons-licensed models might be a safer alternative.

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I have not received a response yet. I don't know if it'd count as an "artistic representation" of the human anatomy. It's basically meant to be an accurate 3D model of how the human anatomy is meant to be like.
Creating a 3D model based on another artist's work can be tricky. Even if it's an accurate representation of the human anatomy, the specific expression (like the particular design or style) may still be protected by copyright.
Here are some points to consider:
- Originality: If the Sketchfab model has unique artistic elements, it's likely protected.
- Substantial Similarity: Making a model that closely resembles the original could be infringement.
- Permission: Always the safest route.
Has the creator responded yet?
What do you mean by "unique artistic elements"
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"Unique artistic elements" refer to specific features that show creativity and originality in the work. In the context of a 3D model, this could include:
- The specific way the anatomy is represented.
- Custom textures, colors, and shading.
- Unique poses or configurations of the anatomy parts.
- Artistic embellishments or stylization.
These elements can distinguish the model from a mere factual depiction and could be protected by copyright. Have you considered alternative models that are explicitly free to use?
I would not use any of the textures, it's in "A" pose and the anatomy parts are accurate to the human body, there's no Artistic embellishments or stylization and the anatomy is meant to be represented in a realistic way
It sounds like the model you're referring to is a realistic, factual representation without artistic embellishments. While this might reduce the risk of copyright infringement, it's still a gray area. Using it strictly as a reference for creating your own model could be safer if the original creator doesn't respond.
Have you considered using public domain or Creative Commons-licensed models for your reference?
I have but this model is exactly what I'd need. Keep in mind, I am not actually buying it, using it, distributing or it modifying it, I'm simply using it as a reference upon which I'll make my own model from scratch
Using a model as a reference to create your own can be a gray area in copyright law. Here are key points to consider:
- Originality: If the Sketchfab model has unique artistic elements, it may be protected by copyright.
- Substantial Similarity: Even if you're only using it as a reference, creating a near-identical model could still be considered infringement.
- Fair Use: This is often decided on a case-by-case basis and can be very subjective.
Have you explored models that are explicitly free to use, like those under Creative Commons licenses?