Very interesting take on a copyright issue

[John Thawley]

http://www.sltrib.com/news/ci_9614200

[E. John Thawley III]

I have no problem with that.

The 3D guys would never be able to do what they do without Toyota's (copyrighted) engineering files. No way. In a sense, its just like outsourcing your drawings to a high-end blueprint service.

Safe bet that most courts would also consider it a derivative work, too, and thus an infringement if the 3D people wanted to use those images for any other commercially profitable end.

[Daniel Buck]

I have no problem with that.

The 3D guys would never be able to do what they do without Toyota's (copyrighted) engineering files. No way. In a sense, its just like outsourcing your drawings to a high-end blueprint service.
Most of the time, we aren't given the CAD data/math from the engineers. Most of the time we have to plot scan the car bodies. It's still a replica of the car though.

[Mike Ditz]

I have no problem with that.

The 3D guys would never be able to do what they do without Toyota's (copyrighted) engineering files. No way. In a sense, its just like outsourcing your drawings to a high-end blueprint service.

Safe bet that most courts would also consider it a derivative work, too, and thus an infringement if the 3D people wanted to use those images for any other commercially profitable end.


according to the story-

The company covered each vehicle with a grid of tape, took measurements at each intersection point and then used the figures to generate a digital image resembling a wire-frame model. Features such as wheels, headlights, door handles and the Toyota emblem had to be re-created by hand.

Ot seems they didn't go from the Toyota plans.

[Daniel Buck]

according to the story-

The company covered each vehicle with a grid of tape, took measurements at each intersection point and then used the figures to generate a digital image resembling a wire-frame model. Features such as wheels, headlights, door handles and the Toyota emblem had to be re-created by hand.

Ot seems they didn't go from the Toyota plans.

it's "plot" scanning, or whatever their technical term for it is. the inside of the headlights are modeled by hand, the outside "shell" of the car is scanned. emblems are usually hand modeled, wheels and door handles are usually plot scanned, depending on their shape. Small detailed shapes are difficult to plot scan, broad curves (the "shell" of the car) are easier.

I've worked with that particular company before (meshwerks) they do it similar to other companies we've worked with as well, It's a pretty common practice in CG. I'm quite sure the emblems are usually hand-modeled (they are to small and detailed to plot scan I gues), because on a big Mazda campain we did, Mazda kept saying the emblem didn't look right, and we had to go back and re-model after we got the mesh from the scanning company.

Scanning a vehicle gives different results from using the CAD/math data With a CAD model, you get a perfect vehicle (to perfect). With scanning, you get manufacturing imperfections in the model, subtle warping of the pannels, subtle miss-alighments and that type of stuff.

[E. John Thawley III]

...seems they didn't go from the Toyota plans.
Even so, they are producing derivative work from Toyota's original, copyrighted work. If a lawsuit were ever brought by Toyota, the 3D guys would get crushed. Both because its Toyota's copyright. And because Toyota has more lawyers.

Reasonable minds may differ.

[Daniel Buck]

Is that different from taking a photograph of the car then?

[Aaron Kupferman]

Sounds like this is more of an issue that Meshworks did not specify a clear usage agreement for their work when they handed it over to Toyota. They probably realized this and tried a copyright suit to recoup some of the money they lost by not negotiating the contract properly from the beginning.

[E. John Thawley III]

Is that different from taking a photograph of the car then?
Depends on the lawyers I guess.

Related side note: my stock agency goes to great lengths to reach agreements with all the major auto manufacturers to be "allowed" to license stock photos with their vehicles in them...