Libraries are protected from copyright lawsuits when patrons make copies, as long as signage is posted and patrons make the copies themselves. But, unlike copying or printing in libraries, self-service 3D printing in libraries is unrealistic. 3D prints take hours to finish, and troubleshooting 3D printing problems takes skill and experience. Meanwhile, the top websites for finding CAD designs to download and 3D print are rampant with copyright infringement. This presentation provides an overview of the status of copyright for 3D printing, covers the tech of why 3D printing is different from printing and copying on paper, and advocates for libraries to screen and make available, in vetted repositories, high-quality 3D-printer CAD files

Bareford, Nathaniel Lee

Randtke, Wilhelmina

Schlipp, John

English

Georgia Southern University: Digital Commons@Georgia Southern

Georgia Southern University Digital Commons@Georgia Southern Library Faculty Presentations University Libraries Faculty Research and Publications 4-4-2023 Copyright, 3D Printing, and the Value of Open Vetted 3D OER Nathaniel Lee Bareford Georgia Southern University, nbareford@georgiasouthern.edu Wilhelmina Randtke Georgia Southern University, wrandtke@georgiasouthern.edu John Schlipp Georgia Southern University, jschlipp@georgiasouthern.edu Follow this and additional works at: https://digitalcommons.georgiasouthern.edu/lib-facpresent  Part of the Library and Information Science Commons Recommended Citation Bareford, Nathaniel Lee, Wilhelmina Randtke, John Schlipp. 2023. "Copyright, 3D Printing, and the Value of Open Vetted 3D OER." Library Faculty Presentations. Presentation 262. https://digitalcommons.georgiasouthern.edu/lib-facpresent/262 This presentation is brought to you for free and open access by the University Libraries Faculty Research and Publications at Digital Commons@Georgia Southern. It has been accepted for inclusion in Library Faculty Presentations by an authorized administrator of Digital Commons@Georgia Southern. For more information, please contact digitalcommons@georgiasouthern.edu. Copyright, 3D Printing, and theValue of Open, Vetted 3D OERLee BarefordHead of the Learning CommonsGeorgia Southern University LibrariesSavannah, GeorgiaJohn SchlippHead of Research ServicesGeorgia Southern University LibrariesStatesboro, GeorgiaWilhelmina RandtkeHead of Systems and TechnologiesGeorgia Southern University LibrariesStatesboro, GeorgiaIntroductionDid you pre-register for the free3D printed Pokemon?Session Goals● Examine limitations and concerns about self-serve 3D printing in libraries ● Explore U.S. Copyright Law and potential liability libraries hold when offering 3D printing services● Outline issues with copyright and infringement in the 3D printing community● Review examples of vetted 3D models currently available online● Discuss the benefits of creating OER repositories of vetted 3D models3D Printing vs. Conventional Printing ConcernsSelf-serve printing affords copyright protections, but:● 3D printers can be damaged or uncalibrated due to tampering● 3D printers are finicky and require expertise to operate effectively● 3D print jobs take hours to complete and must be monitored● Troubleshooting 3D print errors requires expertise● 3D printing materials can be hazardous and must be regulated● 3D print model files are often copyrighted intellectual properties (IPs) and library may be liable for copyright infringementMitigating 3D Printing Concerns● Access to 3D printers should be regulated and limited to trained staff only● Safety guidelines should be documented and prominently posted● A 3D print request system should be established● Effective and efficient 3D printing workflows should be created● 3D print files must be vetted for copyright violations by qualified reviewersCopyright Assessment: Liability – Infringement?● Since 3D printing in MakerSpaces and other similar library services are often mediated and not self service, displaying a notice near the 3D printer based upon the Copyright §108(f)* exemption may not fit well to minimize library liability. ● Libraries must assess the risk of printing copyrighted works and rely on permission by the author/rights holder or apply a Copyright §107** fair use analysis.  ● Need to review related U.S. Copyright Law § 102, 106, 107, 108, and 512 to better understand viable options for liability.   *17 U.S. Code § 108 - Limitations on exclusive rights: Reproduction by libraries and archives**17 U.S. Code § 107 - Limitations on exclusive right: Fair useCopyright Assessment: So what’s protectable? Copyrighted subject matter § 102* is automatically protected if and when:● Original work of authorship● With a modicum of creativity● Fixed in a tangible medium of expressionCopyrighted CAD software designs from a repository or copyrighted physical objects such as a sculptural figures or architectural works are examples of subject matter protected by § 102.CAD software files could be categorized as pictorial, graphic, or literary works.*17 U.S. Code § 102 - Subject matter of copyright: In general Copyright Assessment: Owner’s Rights? Copyright owner’s exclusive rights § 106* to:● Reproduce the work● Make derivative copies● Distribute copies to the public● Display and perform in public*17 U.S. Code § 106 - Exclusive rights in copyrighted works Copyright Assessment: Infringement of Owner Rights? Potential infringement when a library customers violates any of the exclusive rights of the copyright owner provided by Section 106 without permission:● Reproduce the work● Make derivative copies● Distribute copies to the public● Display and perform in publicCopyright Infringement Possibilities…● CAD design files or software codes copyrighted as pictorial, graphical, or literary works.● Software codes as literary works for copyright registration. ● CAD files could be copyrighted or shared as open source code. ● Physical 3D objects copied such as toy figures or costume jewelry are copyright protected as sculptural works. ● Most copyright litigation tied to 3D printing deals with the anti-circumvention provision of the Digital Millennium Copyright Act (DMCA). ○ DMCA “safe harbor” possibly protects libraries from liability only if self service use applies, such as photocopiers and scanners.● Since self service is unlikely, both libraries and 3D printer customers could be liable for potential copyright infringement. Copyright Assessment: Avoiding InfringementLimitations on Copyright Owner Rights● Unsupervised copying by users: Signage notice posted near printer §108(f)*● Users uploading infringement material: DMCA “safe harbor” for “online service providers” § 512** does not fit well● Other exemptions: fair use § 107*** more likely application to assess for educational purposes. *17 U.S. Code § 108 - Limitations on exclusive rights: Reproduction by libraries and archives**17 U.S. Code § 512 - Limitations on liability relating to material online ***17 U.S. Code § 107 - Limitations on exclusive rights: Fair useCopyright Assessment: Section 108(f)Ideally, exemptions for libraries in Section 108(f) could apply. It permits libraries and archives to provide copiers and scanners with unsupervised use without liability of copyright infringement, so long as a copyright notice is displayed. Yet such self-service is not feasible with 3D printers as special training is needed to operate. However, library personnel managing a mediated service should be trained to recognize potential infringement. Copyright awareness and training are vital to monitor and prevent potential infringement by the library.There is no liability for copyright infringement upon a library or for its employees:  ● For the unsupervised use by others● Of reproduction copying equipment located on its premises● If a Section 108(f) notice is displayed regarding the making of a copy may be subject to copyright lawCopyright awareness: Although, Section 108 does not apply for mediated copying by library personnel. The use of 108 notice may evidence good faith on behalf of the library. Such notice supplements related copyright policy or procedures by informing customers of the potential risk of infringement associated with their request. UCLA Library: Mediated Copying https://www.library.ucla.edu/about/policies/policy-regarding-mediated-copying/Copyright Assessment: Section 107* Fair Use?Since 3D printing in a library is usually a mediated service, having a specific copyright policy or procedure in place which assesses an infringement risk should include the right to refuse a customer request. Before refusal, this leaves two viable options for consideration to proceed with customer request: ● Get permission from the copyright holder/author● Conduct a fair use analysis ● Fair Use* is determined on a case-by-case basis● Analysis based upon four factors: PANE acronym…*17 U.S. Code § 107 - Limitations on exclusive rights: Fair useFair Use Continua image by Carrie Russell from Complete Copyright: An Everyday Guide for Librarians, 2004, American Library Association. Image under a Creative Commons BY Attribution Only License. Copyright Assessment: Additional Fair Use QuestionsDiscussion about library actions as fair use● In which scenarios would you need to apply fair use for 3D printing services?● Is fair use possibly tied to educational purposes? Pedagogy of instruction? ● Do you have related copyright policies and procedures in place?● How does your library or archive address fair use in other situations?Other considerations?● Popular trademarks, e.g. cosplay derivatives and fan fiction ● Verifying patented inventions, e.g. replacement parts ● Privacy and freedom of expression issues● Safety issues tooInfringement in the 3D Printing Community● Infringement is rampant on 3D printing websites○ Thingiverse.com○ Cults3D.com○ MyMiniFactory.com○ All3dp.com● Websites assume content contributors own the copyright● Anyone can adopt a CC license, even if they do not own the designAn Example of Infringement● Featured design on Thingiverse.com’s homepage: the Sorting Hat aka “Harry Potter Hat”● Free download● Not licensed by the copyright holder, Time WarnerA Subtler Infringement Example● A subtle adaptation of the “Death” character from the Darksiders video game● Paid download from MyMiniFactory.com● Not licensed by the copyright holder,   Vigil GamesVigil Games character concept artInfringement in Featured Stories● A featured story on the All3dp.com website homepage● Note the image attribution!● Baby Yoda not licensed in all 15 featured files by copyright holder, Walt Disney Co.Thingiverse search for openly licensed PokemonAll of these are CC-BY, and none of them are posted by Nintendo.Infringement:  Rampant in the 3D Printing Community“Ice princess” finds Disney’s Elsa from the movie Frozen, CC licensed by user “Longquang”, and her crown CC licensed by user “MerganMcFergan”.“Baby alien” finds Disney’s Grogu from the show The Mandolorian, CC licensed by user “Longquang”.“Cute monster” finds Universal Studios’ Frankenstein monster from the movie franchise, CC licensed by user “Martin_S”, and Koromon from Bandai’s Digimon franchise, CC licensed by user “ChaosCoreTech”.Solution: Vetted repositoriesVetted for these common problems:● Licensing / Copyright (Open)● Technical issuesProblems Problems Problems Problems Problems Problems Problems Problems Problems Problems ProblemsSolution:  Vetted RepositoriesSolution:  Vetted RepositoriesSolution:  Vetted Repositories: T e c h n ic a l  v e t t in gOrange and blue 3D print fail by John Biehler, CC-BY-NC-SA from https://www.flickr.com/photos/retrocactus/9688874898 .Lego block with supports by PanjalSingh IITDelhi CC-BY-SA from https://commons.wikimedia.org/wiki/File:Supports_in_3D_printing.png .LOVE print by Fred Kahl CC BY-NC-SA from https://www.flickr.com/photos/fredini/9664696070 .The blue character is a model sold by Archvillian Games, and the screenshot of the model is from https://www.youtube.com/watch?v=MU0Cq_bjhy4 “3D resin print supports [EASY GUIDE]” by VogMan.Solution:  Vetted Repositories: T e c h n ic a l  v e t t in gOrange and blue 3D print fail by John Biehler, CC-BY-NC-SA from https://www.flickr.com/photos/retrocactus/9688874898 .Screenshot of Cura Ultimaker from http://archive.fabacademy.org/2018/labs/fablabtrivandrum/students/aby-michael/Week06/Week6.html blog post by Aby Michael, CC-BY-NC-SA.Solution:  Vetted Repositories: Technical VettingLOVE print by Fred Kahl CC BY-NC-SA from https://www.flickr.com/photos/fredini/9664696070 .Solution:  Vetted Repositories: T e c h n ic a l  V e t t in gLego block with supports by PanjalSingh IITDelhi CC-BY-SA from https://commons.wikimedia.org/wiki/File:Supports_in_3D_printing.png .Solution:  Vetted Repositories - T e c h n ic a l  V e t t in gThe blue character is a model sold by Archvillian Games, and the screenshot of the model is from https://www.youtube.com/watch?v=MU0Cq_bjhy4 “3D resin print supports [EASY GUIDE]” by VogMan.What a difference technical issues make!All pics of the boat are by 3DBenchy, licensed CC-BY and available on Flickr ( https://www.flickr.com/photos/3dbenchy/24614369271 and https://www.flickr.com/photos/3dbenchy/19672643310 ).Solution: Vetted repositoriesVetted for these common problems:● Licensing / Copyright (Open)● Technical issuesSisyphus pic by jalandas0, licensed through Pixabay license, from https://pixabay.com/es/illustrations/lucha-empujar-cuesta-arriba-batalla-1271657/ .All pics of the boat are by 3DBenchy, licensed CC-BY and available on Flickr ( https://www.flickr.com/photos/3dbenchy/24614369271 and https://www.flickr.com/photos/3dbenchy/19672643310 ).Solution: Vetted repositoriesVetted for these common problems:● Licensing / Copyright (Open)● Technical issuesProblems Problems Problems Problems Problems Problems Problems Problems Problems Problems ProblemsSolution:  Vetted RepositoriesSolution: Existing Vetted RepositoriesWhat’s available online now:○ Smithsonian 3Dhttps://3d.si.edu/○ NASA 3D Resourceshttps://nasa3d.arc.nasa.gov/○ National Institute of Health 3Dhttps://3dprint.nih.gov/○ MyMiniFactory Scan the Worldhttps://www.myminifactory.com/scantheworld/○ The Metropolitan Museum of Art @ Thingiversehttps://www.thingiverse.com/met/designsA 3D model likely to fail due to lack of support…Image source: https://3d.si.edu/object/3d/mammuthus-primigenius-blumbach:341c96cd-f967-4540-8ed1-d3fc56d31f12Solution: Build Your Own Vetted Repository● Decide on a platform, e.g. WordPress, LibGuides, Digital Commons● Identify personnel who can vet models for OER● Locate or train personnel on technical aspects of 3D printing● Review existing OER repositories, e.g. Florida Orange Grove: https://bit.ly/3JxcbAcAdvocacy for Vetted 3D Model Repositories● We are advocating for libraries to establish their own vetted repository or form/join a consortium that offers access to one● 3D model repositories containing vetted files fulfill a clear need for libraries providing 3D printing services● Vetted repositories relieve the burden of copyright liability when clear protocols for inclusion are defined and followedQuestions?Wilhelmina Randtkewrandtke@georgiasouthern.eduJohn Schlippjschlipp@georgiasouthern.eduLee Barefordnbareford@georgiasouthern.edu

Copyright, 3D Printing, and the Value of Open Vetted 3D OER

https://digitalcommons.georgiasouthern.edu/cgi/viewcontent.cgi?article=1263&context=lib-facpresent

Copyright, 3D Printing, and the Value of Open Vetted 3D OER

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