Katy Perry C&D’s startup over 3D printed version of Left Shark
Katy Perry’s “Left Shark,” the costumed character who accompanied her half time performance at the Super Bowl earlier this week has become an international phenomenon, but where there’s popularity there’s lawyers, as one small 3D printing firm found out the hard way.
New York based startup Shapeways, a 3D printing company that offers a 3D printed marketplace, along with the ability for users to upload designs, get them printed, then delivered have drawn the ire of Ms. Perry and her legal team, who have demanded that the company cease and desist from offering a 3D printed version of Left Shark.
The company confirmed the takedown, saying in a statement that “it’s a shame because we love our community and always want to be able to support their designs.”
“We know these things can happen when you have a lot of user-generated content, but hopefully more brands (and celebrities!) will take note and want to work together with fans to create amazing products!”
The question as to whether rendering Left Shark in 3D is a breach of copyright though is open to debate. NYU law professor Christopher Sprigman believes that Left Shark is not copyrightable because it qualifies as a “useful article,” which would mean copyright protection could not be extended to it as “it is not protected the same way as an artistic work.”
“I honestly don’t know why they made a big deal of it. I sold like 10,” creator Fernando Sosa told CNBC. “I asked if I could license them they told me they don’t have any licensing right now. I wouldn’t mind paying them royalties.”
“I think there is more stuff that the lawyers can focus on,” Sosa added. “Honestly, I think people should be able to make stuff out of props, and props should not be copyrighted. The palm trees and beach balls should not be copyrighted.”
Perry’s lawyers declined to comment on the story.
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