3D PRINTING AND COPYRIGHT LAW

ABSTRACT

In an age?of digital technology, where competition is shifting away from tangible goods and toward intellectual property, it is critical to defend the intellectual property rights of those who hold it. With the help of a long and arduous war, the status of copyright in relation to conventional concerns has become a little clearer, only to lead us into another issue: 3D printing. 3D printing, also known as additive manufacturing, is a technology that is used to create three-dimensional items by depositing successive layers of a specific material on top of one another in a controlled environment. The printing procedure necessitates the use of a CAD file. However, because it falls outside the purview of many laws, its deceptive use infringes on the rights of those who own it. This research paper discusses the impact of 3D printing on copyright law, by shedding light on the concept of 3D printing, the problems that the 3D printer causes for copyright owners, and copyright protection under Indian law.

INTRODUCTION

Three-dimensional printing,?also known as 3D printing, is a technique that permits the manufacturing of items from digital information. It has been hailed as revolutionary.?The concept of "market" is on the verge of undergoing a transformation that has the potential to alter the trajectory of the entire ecosystem. With the introduction of systems such as personal 3D printing, which allows people to design and manufacture physical things from the comfort of their own homes, the way in which creating, and manufacturing products was previously understood has radically changed.[i] But how do intellectual property rights (IPR) come into this picture, is the question presently. Most significantly, the question is if the intellectual property (IP) rules of India give a solution to the problem. Of the three legal domains, copyright law is the most prepared to cope with 3D printing because it has been dealing with digitalization issues for a long period of time.

Even though it has acquired widespread attention recently, 3D printing has been around since 1980, and the three most widely used 3D printing technologies were developed in less than ten years. Nevertheless, what we are seeing right now is the consequence of later technological developments, which have coincided with the introduction of low-cost residential 3D printers and the creation of services that take advantage of network technology. As previously stated, this technology enables consumers to easily create and replicate physical products, which means that a consumer can digitise, share, and copy designs of physical products in the form of digital blueprints. The enforcement of intellectual property rights (IPRs) over the use of this technology, on the other hand, cannot be considered to be transformational or to make life easier. This is especially true given the possibility for infringement of other people's rights when this technology is used. It is estimated that unlicensed duplication of products using personal 3D printers results in considerable negative economic consequences for the companies that own the intellectual property rights to the products.[ii]

WHAT IS 3D PRINTING?

For a basic grasp of how 3D technology works and how infringement is conceivable, it is necessary to have a working knowledge of the technology itself. It all starts with the creation of a 3D model, which can be accomplished through the use of 3D modelling software tools. Following the creation of a model, the following step is to develop a file for printing it. This is referred to as Slicing, and it is a procedure in which a 3D model is sliced into hundreds or thousands of horizontal layers using a slicing software programme. The majority of 3D printers have a built-in slicer, and all that is required is to input the raw.stl,.obj, or even CAD file into the printer. The sliced model that has been fed into the printer is now ready to be printed in full colour. It is possible to have the object produced just by having access to a digital file such as a CAD file, which is then put into the 3D printer.

The 3D printing process begins with either a digital file in which the thing to be printed is digitally formatted using 3D print software or a 3D scanner, or it might begin with a physical object. Using special software, the file is then exported to a 3D printer, which converts the digital model into a real thing through a layer-by-layer construction process in which molten material is built up until the finished product emerges. Alternatively, additive manufacturing is used to describe this method. A variety of materials, ranging from plastics to ceramics and metals to hybrid materials, are used by the 3D printers that are currently available on the market.

3D printing technology is expanding at a breakneck pace, with applications spanning from food and fashion to regenerative medicine and prosthetics, among other fields. In the medical field, for example, researchers at the National University of Singapore have discovered a way to print customizable tablets that combine multiple drugs in a single tablet, allowing medication doses to be perfectly adapted to the needs of individual patients to be tailored to their specific needs. In the fashion business, 3D printing is making its presence known, as proven by the debut of "Oscillation" at New York Fashion Week in September 2016, a multi-colored 3D-printed dress designed by three ASFOUR and New York-based designer Travis Finch that was unveiled in September 2016.[iii]

EVOLUTION OF 3D PRINTING

The history of 3D printing begins in the late 1970s, long before the first technique, Stereolithography, was established. It's older than you think. It may appear new, but it is not. 3D printing began in the late 1970s with the introduction of the inkjet printer. The technology generated a lot of attention, but nothing significant happened in the next decade. Hideo Kodama of the Nagoya Municipal Industrial Research Institute in Japan developed the Rapid Prototyping (RP)?system in 1981. He envisioned a way of constructing a model layer by layer on a platform. He was to file for a patent, but Dr. Kodama couldn't, and the application ran out of time. The RP system was a great ideological breakthrough, but useless. Many scholars were still missing the final puzzle piece. Meanwhile, in France, General Electric and CILAS, a laser and optical technology provider, created 3D printed things. But the firms saw no use for the technology and soon abandoned it.

Finally, in 1986, an American engineer named Charles Hull developed stereolithography (SLA). Hull used UV light to change photopolymers (acrylic-based compounds) from liquid to solid. Hull invented the SLA printer, and others copied him. Hull is known as the “father” of 3D printing.

Next in the 3D printing timeline is the 1990s. A 3D printing method called stereolithography was the first to be developed. Although the concept was patented in 1984, the first 3D printer took 6-8 years to develop. For the world to see the capabilities of 3D printing, 3D Systems constructed a SLA machine in 1992. While DTM Corp was inventing the first Selective Laser Sintering (SLS) Machine, around the same time. It took years of research to commercialise these machines because they were navigating uncharted territory. These machines were slow and required considerable personal involvement to operate. The research?lasted into the 2000s.

The third stage of 3D printing history begins in the next century. A fresh breakthrough occurred in 2000. The first 3D printed organ was transplanted. During this decade, Bio-Printing came up with interesting and futuristic inventions. Because of the technology's major feature of customisation, scientists were keen to learn more about it. This was a golden age of 3D printing in medicine.[iv]

The last?decade has been one of the most dynamic. It is an essential component in 3D printing history. The advancements in 3D printing are just increasing and will continue to do so for the next decade. 3D printers are cheap and getting more accurate with each iteration. This will happen every year. The applications have beyond Charles Hull's wildest expectations. In the past decade, food printing has become a reality. We've heard about 3D printed offices, automobiles, even planes.

3D PRINTING AND IPR

An important issue about 3D printing is that its use makes it theoretically possible to replicate practically any object, with or without the permission of those who have rights to that object. This is one of the most serious worries regarding 3D printing. What is the present state of IP law in relation to this? Protecting an object from being 3D printed without permission does not present any special intellectual property difficulties in and of itself. The originality of a work, as well as the creator's right to replicate it, are both protected by copyright. If 3D printed replicas of an original thing are made without the inventor's permission, the creator may be able to seek restitution under copyright legislation. Additionally, industrial design rights safeguard an object's ornamental and aesthetic appearance - its shape and form – while patent rights protect its technical function, and a three-dimensional trademark allows producers to differentiate their products from those of their competitors (and allows consumers to identify its source).[v]

With the present IP laws in place, it is possible to control industrial 3D printing. Individuals performing 3D printing in their homes, on the other hand, could represent a threat to the IP System. In spite of these advantages, 3D printing is still not extensively employed in residential settings, owing to factors such as machine size and cost, the time required to create the product, and the lack of a high-quality finish. The majority of household printers are small-scale hobbyists. Although 3D Printers are currently out of reach for the majority of the population, technological improvements may make them more accessible in the future. Many legal scholars fear that if home 3D printing becomes widely available, it will cause a similar disruption in the IP regime as the introduction of peer-to-peer networks for the distribution of music and video.[vi]

COPYRIGHTABILITY OF 3D PRINTING

Throughout the entire procedure of 3D printing, as previously mentioned, there are elements in which copyright may be maintained. These are: the CAD file and the actual "printed" thing

The CAD file: CAD files are normally protected by copyright as artistic works if they meet the EBC threshold of a minimal level of inventiveness, which is generally the case. The scenario, on the other hand, is completely different when the CAD file is generated by scanning an actual object. Because the file will ultimately contain information about the features of the object being scanned, it will not meet the requirements of this specification. In this scenario, the object, rather than the file, is the true owner of the copyright.

Despite the fact that the computer file is referred to as a design, it does not always meet the legal definition of a design. According to Section 2(d) of the Designs Act of 2000, the visual characteristics must be applied by an industrial procedure. When the phrase "industrial process" is used, courts have construed it to mean a procedure that is carried out on a vast scale. The vast majority of 3D printing now in use (which is primarily for manufacturing) may be considered to fulfil that criterion. Portable 3D printers, on the other hand, do not fulfil the definition of designs as specified under the Act, as there is no massive application associated with the design of the CAD files developed. Reinstituting copyright protection for designs based on artistic drawings would be the most likely solution to this conflict.[vii]

The "printed" object: Exclusively the visual aspects of a printed thing, as opposed to the functional characteristics of a printed object, are protected by intellectual property rights. When there is an excellent pattern on the back of a 3D printed chair, only the design would be protected; the chair itself would not be protected in this instance. A number of years have passed since the courts determined that, assuming the other standards of originality were met, the visual features of these things were protected under the law.'

3D PRINTING AND INDIAN COPYRIGHT LAW

Copyright is the unique right provided by law for a specific period of time to make and dispose of copies of a literary, musical, or artistic work, as well as to control their distribution and other aspects of the work. According to the Copyright Act of 1957, artistic works are included among the works in which copyright is asserted. The term "artistic work" refers to any work of artistic craftsmanship that is a painting, sculpture, drawing (including but not limited to a diagram, map, chart, or plan), engraving, photograph, or any other type of visual representation, whether or not it possesses artistic quality.[viii] It also includes a work of architecture and any other type of visual representation.

In respect to such artistic work, copyright means the exclusive right "to reproduce the work in any material form including depiction in three dimensions of a two-dimensional work or depiction in two-dimensions of a three-dimensional work."[ix]?It is not necessary to have an element of aesthetic originality in order to be considered artistic, but it is necessary to keep labour and money from becoming easily appropriable in other sorts of employment. Legally, a work is protected by the exact statement it contains, not by the concept that produced it.

In the case of 3D printed products, copyright protection would apply not just to the printed object itself, but also to the CAD file used to create the object. A CAD file is normally covered by copyright as an artistic work under the Copyright Act of 1957, which protects artistic works in general. Because it is fundamentally a model, design, or schematic of any thing or object, it is seen as more of an artistic creation than as a simple computer programme, according to certain authorities. Infringement of intellectual property rights can occur in two ways.

CAD files are protected by copyright as artistic works, any infringement of the exclusive rights of the owner would be considered an infringement of copyright. As long as the originality requirement is not met, a CAD file generated by scanning an object is considered to be a copyrighted object rather than a CAD file itself. In addition to the 3D printed objects, there is copyright protection for the products themselves. However, this protection is only applicable to the aesthetic design of the piece, not the entire object. Because the Copyright Act, 1957, protects even the conversion of a 2D work into 3D form and vice versa, it would be considered an infringement of the rights of the copyright holder if someone scans an already protected object or uses the CAD file to print one that has already been protected by the copyright. In general, there are two types of copyright rights: economic rights and moral rights, which are distinct from one another.

Economic rights include reproduction, modification, public performance, and so on. This right includes the right to object to any alteration or modification of a work that may be damaging to the author's honour or reputation. Both of these rights are currently being violated due to the rapid advancement of 3D printing technology. It's getting harder and harder for authorities to maintain track of operations involving 3D printing or digital scanning. One needs to simply arrange for the delivery of an AutoCAD file. The file is fully forgotten after that, regardless of what someone does with it. This loophole costs copyright owners and the economy as a whole.

As a result of the several industrial profits of this protection for artistic works, the range of this protection for artistic works has been narrowed, and as of 2012, (with the addition of S. 52(1) (w)): "the creation of a three-dimensional object from any purely functional part of a useful device from a two-dimensional artistic work, such as a technical drawing, for the purposes of industrial application of any useful device" does not amount to an infringement of copyright when the copyright owner gives permission for the use. In order to assist many industries in reaping the benefits of 3D printing, such as higher productivity at a lower cost, this has been done.[x]

CONCLUSION

Intellectual Property laws appear to be comprehensive enough to accommodate the 3D printing regime at this time; yet the number of flaws highlighted above demonstrates the regulations' intermittent shortcomings. Even though no legal principle can be considered perfect, and no social issue can be fully addressed by any one legal principle, a regime as important as intellectual property should include rules that do not incorporate overlapping tenets or practise inconsistency divisions.

Over the previous decade, the Indian economic and technological sphere has experienced significant growth, and it is likely to continue to grow much more in the next years. The pandemic may have acted as a stumbling barrier, but the industry's growth will quickly return to its previous levels soon. As a result, it is the responsibility of legislative authorities to develop regulations that are relevant to the current situation. The necessary alterations will be propelled forward by a rigorous examination of the shortcomings of the current regulations. The country's judicial and legislative implements should devote the majority of their attention to ensuring that the three-dimensional portion of the Indian intellectual property rights legislation is as equal as possible.

It's understood that it is not the 3D printers themselves that are the problem, but rather the haphazardly created replicas produced by these printers. If the proliferation of 3D printers is not curtailed fast, many of the greatest technological breakthroughs of our time may be rendered obsolete. Even though 3D printing presents an amazing possibility for nation building and economic growth, it has the potential to undermine intellectual property rights. In conclusion, our copyright law has, in theory, discussed most aspects of 3D printing.

[i] Hjalte Worm Frandsen, “Personal 3D Printing & Intellectual Property Rights — How 3D Printing Technology Challenges the Effectiveness of Copyright and Design Law in Relation to the Protection of Objects of Applied Art”, Faculty of Law, University of Copenhagen.

[ii] The SCC Online blog, IPR and 3D Printing- The Legal Treatment to Disruptive Technology,?https://www.scconline.com/blog/post/2019/01/24/ipr-3d-printing-the-legal-treatment-to-disruptive-technology/

[iii] By?Elsa Malaty, and?Guilda Rostama ,World Intellectual Property, 3D Printing and IP law, February 2017 https://www.wipo.int/wipo_magazine/en/2017/01/article_0006.html

[iv] Manufactur3D, A Brief history of 3D printing, December30,2020, https://manufactur3dmag.com/a-brief-history-of-3d-printing/

[v] By Elsa Malaty, and Guilda Rostama, World Intellectual Property, 3D Printing and IP law, February 2017

https://www.wipo.int/wipo_magazine/en/2017/01/article_0006.html

[vi] Gokul Krishnan, 3D printing and IPR, Oct 17 2020 https://blog.ipleaders .in/3d-printing-ipr/

[vii] Swaraj Paul Barooah, 3D Printing and Indian copyright law, January 28,2014

[viii] Section 2(c), Copyright Act, 1957.

[ix] Section 14(c) (i), Copyright Act, 1957

[x] Vaibhav Latiyan,3D Printing: A new dimensional pitfall for copyright and patent owners.

Author : Malavika Sachin