3D printing is touted as the next big revolution in the manufacturing industry. With the cost of 3D printers coming down remarkably low, there has been a huge rise in popularity and availability among the general public in recent times.
But despite the potential socio-economic and technological advantages, a lot of legal issues have cropped up regarding its use. These FAQs may throw some light on the matter:
Why the furore over 3D printing?
First and foremost are the implications it poses to intellectual property rights. Use of 3D printers can violate copyright, trademarks and patent laws, due to the ease of creation of unauthorized versions of patented products or copyright infringement of designs.
Furthermore, an even more serious ramification of 3D printing is that anyone can use it to print illegal and hazardous objects, like guns or parts for weaponry. Obviously this could have serious consequences in the wrong hands.
What is the current legal position?
At present, there isn’t any Australian law that exclusively addresses all the dimensions of this technological advancement. But, some argue that existing legislation such as the Copyright Act, the Intellectual Property Act, Firearms-Control legislation and policy, etc. already have sufficient provisions to address the majority of the concerns legally.
However, the Australian Senate is already giving consideration to this issue and is in the process of coming up with appropriate regulations.
According to the Legal and Constitutional Affairs References Committee’s reports submitted on 25 September 2014, the law enforcement, state and federal governments are looking to regulate 3D printing, especially guns and weaponry, even though many Australian senators feel that existing laws are adequate.
Do we need new laws?
Last year, a bill was introduced by Palmer United Party (PUP) in Queensland under which anyone holding, distributing or making 3D printed weapons would come under a special licensing scheme, and uploading a weapon design online would be deemed illegal.
Demands are being made to stifle the production of 3D printers and place restrictions on manufacturers, and laws are being urged to prevent “illicit” 3D printer use.
While many of the concerns over this new technology deserve consideration, moves to choke 3D printer manufacturers or service providers with new stringent laws isn’t a viable answer either. We must understand that digitized content distribution cannot be fully barred from the public, and anyone with some technical knowledge can now actually make his or her own printer at home.
Furthermore, the public has every right to enjoy the benefits of this amazing new technology as long as the usage is fair in the existing legal context. However, maybe it’s time to make existing laws “clearer” in the new context, or perhaps we may not need any new laws at all – time will tell. Either way, the regulations should hold the end user responsible for any illegal usage of 3D printed products, and manufacturers or commercial service providers should be free from any legal liability for illegal use.
What is Copyright?
Copyright is one of the main intellectual property protections in Australia and is the most common and appropriate form of protection available for literary, musical and artistic work. It is automatic and it is free.
Other intellectual property protections include:
How it works
You have copyright protection the moment you create your artistic work, subject to it being original, properly documented and complying with relevant law. It is automatic in Australia and there is no requirement to register or apply for copyright protection.
This protection comes from the Copyright Act 1968 and gives you the exclusive right to the work, and to license others in regard to copying, performing or publishing the work in public. Such protection and rights differ for different kinds of literary or musical work.
It is important to note that copyright doesn’t protect you against independent creation of a similar work. Also note that there is no copyright in ideas or information.
Deterring potential infringers
A copyright notice on your artistic work is not necessary to give you copyright protection, however:
The Attorney General’s office provides the following wording as appropriate for use in copyright notices:
This work is copyright. Apart from any use permitted under the Copyright Act 1968, no part may be reproduced by any process, nor may any other exclusive right be exercised, without the permission of [name and address of copyright owner and the year in which the work was made].
Proving ownership of copyright
In most legal cases, the question of ownership of copyright is not in dispute. However when this occurs, you will need evidence to demonstrate that you created the work. You might ask people who were involved in or who knew about the creation of the work to support you, and you can use drafts and other records to show that the work is yours. It is therefore important that you keep drafts and records of all your work, and that you record dates and details of creation, etc.
Duration of copyright
Depending on the material, copyright for literary, dramatic, musical and artistic works generally lasts 70 years from the year of the author’s death or from the year of first publication after the author’s death.
Copyright for films and sound recordings lasts 70 years from their publication and for broadcasts, 70 years from the year in which they were made.
The internet and social media
Technology means that it is less common for authors to engage with a publisher to print a hard copy book or to publish an article in a controlled fashion. Literary works are posted on the internet all the time and are then “republished” (shared, re-tweeted) across the world.
Australia’s copyright protection still applies to these writings in Australia if they fulfil the basic requirements of copyright (being original). Generally the way in which you post means that you authorise the republication of your works (because you want the world at large to see it) however this does not diminish your copyright protection in Australia. The work should remain yours and not be credited to others. The copyright wording mentioned above will assist in crediting the work to you provided that it remains part of the shared content. You could create additional protection by including terms of use in the wording – for example, granting permission for your work to be shared but only if it is always credited to you.
Some countries have agreements with Australia regarding copyright protection but many others do not. To adequately protect your IP in another country you will need advice from IP professionals – either Australian professionals with international expertise, or engaging an IP professional in other countries.
A recent example – Dallas Buyers Club
Recent media attention to the illegal distribution of the Dallas Buyers Club film shows that the Federal Court of Australia is taking very seriously the rights of copyright owners in films. American companies alleging ownership of the copyright in this film have commenced proceedings for copyright infringement and may have a right to sue persons who used BitTorrent to illegally obtain the film. The Federal Court has ordered that six Internet Service Providers disclose the identity of over 4000 account holders where the movie has been downloaded to the account holder’s IP address without authorisation. The information will not necessarily identify the individuals who have illegally downloaded the film, but the American copyright holders are arguing at this stage that the accountholders may be able to help them identify the actual infringers.
Definitely a case to watch with interest.
Disclaimer: Please note that this article does not constitute legal advice and you cannot rely on this information as legal advice. This article is for the purposes of information only. If you wish to acquire legal advice, you must consult with a lawyer.
As a business grows, they will need to take steps to protect their intellectual property (IP). However, with so many different facets to this legal area it is equally important to ensure that owners understand this opportunity.
To help, here are three of the most common types of IP for business owners to understand:
1) Patents
Securing a patent is an important process for any company that wants to protect their inventions. Patents can be used to secure any new invention, process or substance that is new or useful. With this process in place, you will have exclusive rights to commercialise this invention.
For small businesses whose competitive advantage rests on having unique products and services, having these patented will ensure competitors can’t copy these processes without your permission.
2) Trademarks
Trademarks are essential for a company to secure. Your business name, for example, can only be considered your legal property if it has been registered as a trademark. The same approach goes for any other material that distinguishes your product, such as branding and a logo.
Without this level of protection, other organisations will be able to copy your branding and company name, or even register them as their IP, forcing you to revise your current branding and processes.
3) Copyright
Any creative work that a business produces will be protected by copyright so, unlike a trademark or patent, there is no need to apply for copyright for a work. This means that any books, trade publications or written material such as testimonials will be protected and cannot be copied without your permission.
These three are by no means an exhaustive list and other forms of IP may be required. Either way, it is important to consult with a commercial lawyer in order to move this process forward.