Copyright- this company is asking people to steal sculpture...

[icreate]

Curious as to what the community here thinks of this. http://www.123dapp.com/weeklychallenge

Mind you this is not a "photograph" of the sculpture, this is taking photographs to get a 3D model of the sculpture. The winner of the contest gets a 3DPrint of the sculpture. This just is wrong in so many ways to me. I know autodesk and know they are big company but this bothers me and I believe it is an infringement of copyrights. I am not sure how their lawyers said they could do it.

[GarryRicketson]

I know autodesk and know they are big company

Yes and that is why they can do what ever they want,... I think this is terriible, Also, if the original artist dose have a copyright on his/her sculpture, I believe they would have a very strong case, for the vilolation,...
These people, I feel sorry for them in away, they will never be real "artists" or sculptures, they are not able to use theyer imagination, and create anything original, can not use theyre own hands, to make anything,...so they come up with digi software, that dose it all,..computer programmers, and software writers, is what they are, and computer users,,....but they are not sculptures, or carvers,..nor artists,.. so they go out and "steal", the work of others, with photos,..but I do feel sorry for them, because they will never know the joy and satisfaction that comes with doing a piece of work, with your own 2 hands, and mind,...
from Garry
Edit: This morning I didn't completely have time, So I wanted to add,.. I am sure there are quite a few talented artists/sculptures, familiar enough with "digi art", that also do create very original designs, and then maybe even "print" a 3d model, or even use the technology to do the scupture,.. but what this " autodesk", is doing is very wrong ( in my opinion), and worse because they are encourageing the public, to "steal", the designs and work that others took time and expense to do,... They should have made the contest, where real artists are asked to submit there designs or pieces, and part of the criteria, for winning would be based on originality,..

[Andrew Werby]

[That does seem pretty bold. But the company, of course, doesn't want to take any responsibility whatever for what they're encouraging people to do - it's all the entrant's fault. Here's the legalese:]

Release. To the maximum extent permitted by law, by entering the Contest, each entrant releases and holds harmless the Sponsor Parties from any and all responsibility, liability, damages (including, without limitation, direct, indirect, incidental, consequential, punitive, statutory, and other damages), losses, costs, or expenses of any kind arising out of or relating to: (a) entry or participation in the Contest, including but not limited to disputes among individuals claiming to have contributed to any winning entry; (b) any violation by the entrant of these Rules, the Policies, or applicable laws; (c) misappropriation, infringement, or other violation of any copyright, trademark, patent, trade secret, right of publicity, privacy, or other legal or contractual right of any person attributable to entrant or any entry submitted by entrant; (d) the acceptance, possession, receipt, or use of any prize or any item purchased with any prize (e.g., if the prize includes a gift card); (e) any entries or votes that have been tampered with or that are misdirected, incomplete, non-conforming, corrupt, lost, late, or ineligible; (f) any problems or technical malfunctions (including but not limited to errors, omissions, interruptions, deletions, defects, or delays in operation or transmission) of any computer, telephone, modem, cable, satellite, network, hardware, online system, server, software, or other equipment or provider, including any incorrect, incomplete, garbled or jumbled information resulting therefrom; (g) any Internet traffic congestion or website accessibility or delays; (h) printing or typographical errors in any Contest-related materials; or (i) any other technical or human error that may occur in connection with the Contest (the “Causes”). If anyone makes any claim against any of the Sponsor Parties arising out of or relating to any of the Causes attributable to the entrant, the entrant will pay for any damages, losses, liabilities, costs, penalties, and expenses, including without limitation attorneys’ and experts’ fees and costs, incurred in connection with such claim. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SPONSOR PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE CONTEST, HOWSOEVER CAUSED, WHETHER ARISING IN STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) CONTRACT, OTHER LEGAL THEORY OR OTHERWISE, AND ALL SUCH DAMAGES ARE HEREBY DISCLAIMED AND EXCLUDED. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR DAMAGES AND OTHER LIABILITY (INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES) IN WHICH CASE SUCH LIMITATION OR EXCLUSION SHALL APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RULE, STATUTE OR REGULATION IN THE RELEVANT JURISDICTION. NOTHING IN THESE TERMS EXCLUDE LIABILITY FOR FRAUD, OR FOR PERSONAL INJURY OR DEATH CAUSED BY NEGLIGENCE TO THE EXTENT SUCH EXCLUSION IS PROHIBITED BY APPLICABLE LAW.

[If you have a problem with this, however, they've posted a place to call, at the bottom of their Terms of Service:]



"17. Information or Complaints. This notice is for our California users: If you have a question or complaint regarding the Service, please send an e-mail to copyrightagent@autodesk.com. You may also contact us by writing to Copyright Agent, Autodesk, 111 McInnis Parkway, San Rafael, CA 94903, or by calling us at 415.507.5000. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916.445.1254 or 800.952.5210."

Andrew Werby
www.computersculpture.com

[obseq]

Yeah, their approach is pretty daft.
Just about every 3D printing, RP company I've seen with a website has a disclaimer included in every submission field, in very plain language, generally stipulating, "this design is (your) own/does not violate any copyrights".

[Sculptor7]

What do you think is the percentage of people who will carefully read the buried information about copyright? It should be right at the top of the page in bold letters. Even then, the whole idea seems pretty shabby.
Modern technology is a strange beast: it gives with one hand and takes with the other.