3D printing and intellectual property is a big subject. To ensure that an existing object isn’t protected before you reproduce it, you must consider the source used to print the object: the 3D file. Using 3D printing to repair a toy also means printing the part of an existing toy, and you have to keep in mind that you don’t own the design of these parts.
If you want to print an existing object with 3D files you got from a scan the object is certainly protected, the company manufacturing the object holds the rights. 3D scanning an object constitutes a reproduction, it may constitute counterfeit reproduction if you 3D print it.
However, making a new 3D file of an object using 3D modeling software cannot be considered as a reproduction since it is done directly by the 3D software user.
Fortunately, the reproduction of a protected object is not enough to be considered a counterfeit. There are exceptions such as:
- Prior authorization from the right holder is needed in order to print their object and exploit it.
- Denaturing the object during printing (altering its form without respecting the form chosen by its author, for example) and not mentioning the name of the right holder(s) is forbidden if there’s no authorization.
If you are not the toy manufacturer and want to replicate parts, you can’t produce these parts without authorization. Be sure to read our ebook about 3D printing and intellectual property to get all the information you need about this. Sculpteo is not a law firm, this is not a legal advice, keep in mind that each situation differs and you may consider taking some advice on you specific situation with your lawyer. If 3D manufacturing offers a lot of freedom there are still rules you have to keep in mind, because you don’t own the rights of these toys, or these spare parts.