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

[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.

[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.

[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.

[curious aardvark]

I just wonder how right shark feels about all this.

he worked just as hard, and nobody's stealing his image. Poor sharky :-(

Oh but wait !
What if all the models on the internet were actually right shark's twin brother: didn't-make-it-to-the-show shark, and not left shark at all !

Basically the whole thing is ridiculous.

[SarahA]

Right Shark is probably too busy having a dance party to be bothered much... in fact, he's probably breaking it down with Left Shark, because they are some fun-loving shark dancers who aren't fussed by the lawyers' party (different kinds of sharks).

Really, though, it would surely be a better PR move for Katy Perry's people to just accept that Left Shark is extremely marketable and popular, and maybe partner up with designers who want to immortalize the little guy, or at least give them the thumbs-up. Somehow I don't think her candy empire will topple through the fault of 3D printed figures from the half-time show. Let's face it, I love Left Shark as much as the next casual Super Bowl watcher, but will probably have forgotten about him by the time the next season of Doctor Who airs.

I hope Perry's lawyers calm down... though that isn't really the shark-lawyer way.
Or maybe get with a designer (Sosa's designs look perfect to me!) to create official Left Shark merch to capitalize on this while they can. It's not a huge time window, probably.

[BodaciousAcquisition]

Really, though, it would surely be a better PR move for Katy Perry's people to just accept that Left Shark is extremely marketable and popular, and maybe partner up with designers who want to immortalize the little guy, or at least give them the thumbs-up. Somehow I don't think her candy empire will topple through the fault of 3D printed figures from the half-time show. Let's face it, I love Left Shark as much as the next casual Super Bowl watcher, but will probably have forgotten about him by the time the next season of Doctor Who airs.

I hope Perry's lawyers calm down... though that isn't really the shark-lawyer way.
Or maybe get with a designer (Sosa's designs look perfect to me!) to create official Left Shark merch to capitalize on this while they can. It's not a huge time window, probably.

LeftShark already has a designer, the team who made the concept and costume for that show, so why do you think she should partner up with a “ new or different ” one ?

Every business strives for quality, so in the event that she wants to commercialize it, her team of professionals do the work and not some random people on the Internet, who lack certain principals of quality management.

[Brian_Krassenstein]

After much ado, 3D designer Fernando Sosa’s Left Shark is for sale again on Shapeways. 3D printing enthusiasts better catch him while they can though, as Shapeways awaits what is most likely a properly formatted DMCA takedown letter which will force them to beach the 3D model of the popular shark again. In an ongoing legal skirmish, the 3D model has been at the center of what could be an intellectual property battle. Find out the latest in the full article: http://3dprint.com/46212/left-shark-is-back/


Below is a photo of the returned Left Shark:

[mstyle183]

After much ado, 3D designer Fernando Sosa’s Left Shark is for sale again on Shapeways. 3D printing enthusiasts better catch him while they can though, as Shapeways awaits what is most likely a properly formatted DMCA takedown letter which will force them to beach the 3D model of the popular shark again. In an ongoing legal skirmish, the 3D model has been at the center of what could be an intellectual property battle. Find out the latest in the full article: http://3dprint.com/46212/left-shark-is-back/


Below is a photo of the returned Left Shark:

Thanks for covering this story again... I want to make clear a couple of things. You can check updates on this case at politicalsculptor.blogspot.com.

My lawyer Christopher Jon Sprigman professor at New York University school of law has responded to Katy Perry Lawyer's twice. Katy Perry has yet to reply to our second letter and has yet to prove copyright on this un copyrightable shark outfit.

Like i said I went into this because i wanted a left shark for myself and if it sold and made a couple of bucks that would be even better. I didn't go into this trying to steal money out the pockets of Katy Perry or her lawyers and i honestly didn't think you could copyright props like beach balls, palm trees and shark outfit. I complied with Katy Perry's lawyers nastygram aka cease and desist without any legal backing. I contacted her lawyers to get a licensing deal or offer royalties but i was not given such opportunity. I only thought about fighting this fight after many lawyers including my lawyer advice me that Katy Perry cannot copyright an outfit or usable item. Mickey and spiderman are very different cases because the spiderman and mickey mouse were copyrighted before making large outfits and halloween clothing. However, these lawyers did not expect this backup dancer to go viral hence probably never copyrighted anything.

This case is worth fighting for me because this is an issue where lawyers and corporations are trying to privatize socially created ideas and shutting out artists, small business and entrepreneurs. Many companies have attempted to do so by trademarking can't Breathe, Je Suis Charlie and internet memes. This kind of stuff will hinder the raise of the creative and makers class just like patent trolling is hindering technology..

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