3D Printed Left Shark from Katy Perry's Halftime performance

[RAMTechRob]

So by that logic, I would not be aloud to sell my Lion model, because Katy perry featured a Lion in her performance, hindering anybody from doing anything with Lion model's (or shark) ever again for profit?

If it looks like her Lion or Shark from the show, then you won;t be able to sell it. Do you print out Pepsi signs and sell them?

[Feign]

So by that logic, this guy could sue Katy Perry for using a low-poly tiger to make (boatloads of) profit.

There is a legal process to getting an actual copyright, and there's no evidence (that I've seen so far) that Katy Perry or her lawyers have gone through the process for copyrighting deformed cartoon sharks.

[BodaciousAcquisition]

So by that logic, this guy could sue Katy Perry for using a low-poly tiger to make (boatloads of) profit.

There is a legal process to getting an actual copyright, and there's no evidence (that I've seen so far) that Katy Perry or her lawyers have gone through the process for copyrighting deformed cartoon sharks.

NO, he could not.

1. first of all, that Thingiverse model is a tiger, Katy Perry's is a lion
2. his model doesn't have eyes, hers have glowy ones
3. his model has an entirely different neck, tail and ears
4. the triangulation on his model is entirely different
5. his one is blue, whiles hers has a metal color finish

There is probably more to it, but you get the point.

As an analogy to the case mentioned in the article, you could say this:
Imagine a person robbing a bank, after he gets caught by the police he thinks he is in the right to sell the loot, because he put a lot of effort into getting it. Thats ridiculous, but thats the position the person mentioned in the article is in right now.

[Bassna]

So by that logic, this guy could sue Katy Perry for using a low-poly tiger to make (boatloads of) profit.

There is a legal process to getting an actual copyright, and there's no evidence (that I've seen so far) that Katy Perry or her lawyers have gone through the process for copyrighting deformed cartoon sharks.

I wouldn't even call it deformed. It's the most basic generic shark you could think of, as a costume (and from what I have read, costume's can't be copyrighted?)

I do wonder how all this will turn out though.

[BodaciousAcquisition]

I wouldn't even call it deformed. It's the most basic generic shark you could think of, as a costume (and from what I have read, costume's can't be copyrighted?)

I do wonder how all this will turn out though.

You cannot copyright clothing as for example a stage dress or your daily outfit, you can however copyright a costume as for example: SpiderMan, Ironman, DarthVader and so on.

[Bassna]

You cannot copyright clothing as for example a stage dress or your daily outfit, you can however copyright a costume as for example: SpiderMan, Ironman, DarthVader and so on.

All 3 of those example's I could completely understand if someone made a 3D model of and was selling. But not a generic shark with legs.

[Feign]

Even those three examples, you can copyright the character concept if you can prove that you indeed originated that concept. In fact, with the Marvel characters you mentioned there are multiple copyrights, covering graphic elements of the characters and therefore products derived from those characters. The copyright documents often read like "graphic black spider element with elongated legs for use on the chest of a character's costume" and "Red and blue web pattern with central points on the center of mask and center of chest." Otherwise there is a pretty good chance of someone coming forth with previous art to invalidate your copyright claim. Also, you can copyright a character name, which is the route most content makers take.

Copyright filings cost a non-trivial amount of money, and copyright challenges are practically free. It is highly unlikely that a lawyer in his right mind would put together a copyright claim for "Blue Cartoon Shark with legs" or the name "Left Shark".

EDIT: the issue of Marvel and copyrights is something kind of near and dear to my heart from my days playing City of Heroes and following the attempted Marvel lawsuit against the game in its early days.

[RAMTechRob]

So you are saying that stealing someone's hard work is OK, if they haven;t done the legal paperwork to protect it?

[ram3d]

Just wait till Halloween. I'm sure there will be tons of people dressing like Left Shark. I wonder how Katy Perry's legal team will deal with that.

[BodaciousAcquisition]

Even those three examples, you can copyright the character concept if you can prove that you indeed originated that concept. In fact, with the Marvel characters you mentioned there are multiple copyrights, covering graphic elements of the characters and therefore products derived from those characters. The copyright documents often read like "graphic black spider element with elongated legs for use on the chest of a character's costume" and "Red and blue web pattern with central points on the center of mask and center of chest." Otherwise there is a pretty good chance of someone coming forth with previous art to invalidate your copyright claim. Also, you can copyright a character name, which is the route most content makers take.

Copyright filings cost a non-trivial amount of money, and copyright challenges are practically free. It is highly unlikely that a lawyer in his right mind would put together a copyright claim for "Blue Cartoon Shark with legs" or the name "Left Shark".

EDIT: the issue of Marvel and copyrights is something kind of near and dear to my heart from my days playing City of Heroes and following the attempted Marvel lawsuit against the game in its early days.

I understand what you mean, but they somehow managed to do it, otherwise they wouldn't have send that person a cease and desist letter. One could argue about whether they were bluffing to make him bow out, but that's all speculation.

But something similar comes to mind, look at all those Pokemon and 3D printing related cases. A Pokemon isn't really more detailed then LeftShark, but a lot of people who were selling and even those on Thingiverse got cease and desist letters for sharing Pokemon "related" things.

Just wait till Halloween. I'm sure there will be tons of people dressing like Left Shark. I wonder how Katy Perry's legal team will deal with that.

Why should they do anything about it ?

As long as someone without a license isn't trying to deliberately make a profit with it,they won't do anything at all.