3D Modeling Regulatory Frameworks & Compliance 4 — Questions and Answers
Question 1: A 3D model includes a scan of a famous sculpture still under copyright. Using it without a license most likely violates:
- Patent law for the sculptor's technique
- Copyright law protecting the underlying sculptural work (Correct answer)
- Trade dress law only if used commercially
- DMCA safe harbor provisions automatically protect the modeler
Correct answer: Copyright law protecting the underlying sculptural work
A 3D scan creates a derivative copy of the original sculptural work, so using it requires permission from the copyright holder.
Question 2: Under Section 1201 of the DMCA, a 3D modeler who reverse-engineers a proprietary CAD format by bypassing its encryption may:
- Do so freely for interoperability purposes under any circumstance
- Face liability for circumventing technological protection measures (Correct answer)
- Be protected as long as the resulting model is non-commercial
- Be exempt if the format is older than 10 years
Correct answer: Face liability for circumventing technological protection measures
DMCA Section 1201 prohibits circumventing technological protection measures, with only narrow exemptions that may not cover casual reverse engineering.
Question 3: A company patents a unique 3D-printable mechanical joint design. A competitor modeling a similar joint must avoid:
- Using any CAD software the patent holder uses
- Making, using, or selling products that fall within the patent claims (Correct answer)
- Publishing academic papers about the joint geometry
- Teaching the concept in a university course
Correct answer: Making, using, or selling products that fall within the patent claims
Patent rights give the holder the exclusive right to make, use, sell, or import the patented invention; competitors must design around the claims.
Question 4: Which product liability doctrine holds a 3D printing service liable even without proof of negligence if a printed part causes injury?
- Comparative fault
- Strict products liability (Correct answer)
- Res ipsa loquitur
- Assumption of risk
Correct answer: Strict products liability
Strict products liability holds manufacturers and sellers responsible for defective products that cause harm, regardless of the care taken during production.
Question 5: A 3D modeler creates a realistic scan of a celebrity's face for a commercial game without consent. The most applicable legal claim is:
- Trade secret misappropriation
- Right of publicity violation (Correct answer)
- False advertising under FTC rules
- Trademark dilution
Correct answer: Right of publicity violation
The right of publicity protects individuals' rights to control commercial use of their name, likeness, or identity, including 3D replicas.
Question 6: When a government agency issues a contract requiring 3D models delivered as Technical Data Packages, the controlling regulation is typically:
- FAR Part 12 (commercial items only)
- DFARS 252.227-7013 (rights in technical data) (Correct answer)
- ISO 14001 environmental management
- NIST SP 800-53 cybersecurity controls
Correct answer: DFARS 252.227-7013 (rights in technical data)
DFARS 252.227-7013 governs the government's rights in technical data and computer software developed under defense contracts.
Question 7: Which US consumer safety agency would investigate a 3D-printed consumer product that caused a home injury?
- FDA
- OSHA
- CPSC (Consumer Product Safety Commission) (Correct answer)
- EPA
Correct answer: CPSC (Consumer Product Safety Commission)
The CPSC has jurisdiction over consumer product safety hazards and can mandate recalls of defective products, including those manufactured via 3D printing.
3D Modeling Regulatory Frameworks & Compliance 4
A 3D model includes a scan of a famous sculpture still under copyright.
Using it without a license most likely violates: