The Copyright Protection Of 3D Printing

As the first car and medal pistol made by 3D printing appeared, and as the first world 3D printing industy conference held in Beijing,3D,this new technology which subvert the traditional manufucturing has made the universal machine became reality.And now it is popularing in the world side.Meanwhile,copyright disputes on 3D printing keep happening all around the world.Even the copyright law which has the most vitality has encounterd chanllenges.Discuss how to deal with the challenge of copyright law is the purpose of this writing.In this paper,the second part focuses on the copyright of CAD files and physical objects involes in the 3D printing process.The current copyright law is set right system,based on two-dimensional representation technology and 3D printing is a 3D technology.As a result,the application for three dimensional printing technology behavior could produce new problems.Will this produce copyright infringements? Having copyright is the base of judging copyright infringement.If not having he copyright,there’s no sense to discuss the infringement.So,this paper discuss the copyright of object of the 3D printing first,from its work properties,originality.Finally,the analysis found that CAD files and the phsical objects have the possibility of achieving copyright.Then,this paper try to explore the barrier in the protection of copyright,deeply analyze the possibility of 3D printing infringement, the infringement characteristic,private copy and fair use in 3D printing.In detail,this part analyze the characteristic of disputes on 3D copyright infringements:rapidly copy,more elusive and the strugle against piracy is more intense. And then,this paper focus most on private copy and fair use.This is the emphasis and difficulty of copyright protection.Fair use makes infringement to be allowed.In consequence,these two pionts take an important position in copyright protection. This paper first analysis the illegally copy, detailed in 3D-3D copy, plane-solid copy and the plane-plane copy.Further more, private copy is subject to illegally copy.Private copy is the allowed illegal copy.However,is it still applicable to meet the fair use theory in this 3D era?Does private copy can be allowed? All these are deserve to be discuss.In 3D era,private copy can provide users with much more convenience.Thus,it will be rapidly popularing and unpreventable.In such circumstance,pravat copy in 3D printing should be regulated, following the logical path as “having copyright—copy without permission---damage probablity or have-been damaged—do not have immunity—establish infringement”.Whether the fair use theory can be apply or not is the key point of judging infringe or not. Now the copyright system is set based on the two-dimensional reappearing technology,because private copy had little effect on copyright owner and the public during the legislation.So,private copy was not regulated in current copyright system.But now,things change.Regulating private copy in this 3D era has some barrier,including:beyond the range of fair use,be trapped in the plght of copyright judging,the necessity of adjusting current provision.Thus,thinking how to go through these barrier is the core mind of this paper.Further more, this paper introduced the theory of two American scholars, exploring the applicability of the fair use in regulating 3D printing copyright infringement.First,Professor Barton Beebe made a conclusion that,there are basic mistakes in some guiding cases which the fair use theory applied in.These have broke the fair use theory,which are system mistakes need to be intervened.Second,Professor Edward Lee claims that the court confronts with diffficulties when dealing with cases whcih involves fair use theory and technology.And it need to be guided before court.In this information era,new form of fair use has been appeared.Cases about technology fair use are much more complex and important to the U.S.A economic and traditional fair use theory. In order to handle with the difference in appling fair use theory in technology cases,which lead to different judgements,Professor Barton Edward Lee proposed the seperate review theory of fair use.Beside four elements of legal fair use,he stimulates a technical standard of fair use,and add a clear instruction, that is to consider the first element in the public interest. And Kyle Dolinsky thinks it should adopt Professor Edward LEE’s theory seperate technology of fair use.3D printing perfectly prove that the court should consider the public intersts and the market effect when making the decision about fair use.A theory should not be frozen in the law,esepecailly in such a rapid change era of technology.This paper choose one part can be referenced based on the analysis and argumentation,and believe that Professor Edward Lee’s seperate technology fari use theory can be use for reference.Finally,this paper leads to the conclusion aboutthe adjustment suggetion of copyright protection for 3D printing in detail.Firstly,add the protection of practical works.Secondly,reexplain the fair use rules,to enlarge the explaination of commercial use,and adopt Professor Edward Lee’s technology fair use standard theory.Thirdly,reexplain the Haven rules and red flag standard.Forthly,approve the technology measures under the backgroud of 3D prinring.