In 2011, Ulrich Schwanitz created a Penrose triangle, otherwise known as the “Impossible Object” using a 3D printer. He posted a video online of his creation, which potentially allowed someone to reverse engineer his creation and post its blueprint online. Mr Schwanitz issued a takedown notice under the US’s Digital Millennium Copyright Act, which was complied with without challenge.
Fast-forward to today and 3D printers have been used to make objects ranging from an Aston Martin car to a replacement jaw. As this technology is developing, the price of 3D printers is falling with some home desktop 3D printers costing around £1,000. With the key patents behind the underlying technology of 3D printing due to expire in 2014, it is predicted that there will be a significant increase in 3D printing and eventually home printing of consumer objects will become commonplace.
The anticipated proliferation of domestic 3D printing raises interesting questions about how designers, businesses and manufacturers can protect their work from intellectual property infringement. The application of copyright law to the outputs of 3D printing will be particularly interesting. The scope of copyright protection for a 3D object is limited as physical objects can only be protected as sculptures, works of artistic craftsmanship or works of architecture. However, the design written into a blueprint in code form will be covered by the copyright of its author (e.g. the designer or the coder) but as can be seen in the music and film industry, digital files are easily copied and distributed.
Websites such as Thingiverse and The Pirate Bay are already in place to enable individuals to share their blueprints. These file-sharing websites will be under close scrutiny as businesses and producers of blueprints monitor any “piracy” of their work. However, if the 3D printing market echoes the music industry, it will be difficult to bring actions against individual consumers and third party-websites may simply adapt and avoid detection by moving servers to another location. As we await further developments in 3D printing, it will be interesting to consider any discernible trends in the law that may develop. As with any new technology, it will be a matter of the law somehow trying to fit, and then the courts and legislators playing catch-up.