3 -D PRINTING NEW WAYS OF CREATING AND

3 -D PRINTING NEW WAYS OF CREATING AND SELLING ART UIA 60 th Congress Budapest October, 29 th 2016 Avv. Massimo Sterpi Jacobacci & Associati – Partner Rome, Italy

Akinori Goto, Dancer, 2016

Summary BACKGROUND • • • What is 3 D printing? How does 3 D printing work? Additive Manufacturing Processes From industrial to home 3 -D printing Personal 3 -D printing: Some Potential Application Italian IP Law Implications of personal 3 -D printing 3 D PRINTING AND ART • 3 D printing effect on artistic creation • Reproduction of old works • New forms of art • New distribution structures

BACKGROUND •

What is 3 D printing? • 3 D printing is a process of creating three dimensional solid objects from a digital file. • The creation of a 3 D printed object is achieved using additive processes laying down successive layers of material until the object is created. Each layers is a thinly sliced horizontal crosssection of the eventual object. Sources: http: //3 dprinting. com/ and prostheticknowledge. tumblr. com

How does 3 D printing work? • Virtual design of the object you want to create: Computer Aided Design File (CAD file). created using a 3 D modeling application. or with a 3 D scanner (to copy an existing object). • Slicing Process: software dividing a 3 D model into hundreds or thousands of horizontal layers. • Upload file in a 3 D printer: the object is ready to be 3 D printed, layer by layer. The 3 D printer reads every slice (2 D image) and creates a three dimensional object. Sources: http: //3 dprinting. com/

Additive Manufacturing Processes • All 3 D printers use the same method (additive process), but not all printers use the same technology to build layers. • Some technologies use melting or softening material to produce the layers, others use liquid resin capable of polymerizing when exposed to light. • The American Society for Testing and Materials (ASTM) group “ASTM F 42 – Additive Manufacturing”, developed a set of standards that classify the Additive Manufacturing processes into 7 categories − − − Vat Photopolymerisation Material Jetting Binder Jetting − − Material Extrusion Powder Bed Fusion Sheet Lamination Directed Energy Deposition Sources: http: //3 dprinting. com/

From industrial to home 3 D printing • • • U. S. Patent no. 4, 041, 476, issued Aug. 9, 1977, “Method, medium and apparatus for producing three-dimentional figure product”, W K Swainson In the 1980 s, R&D activities concerning 3 D printing technologies intensified considerably In the 1990 s, companies started to use 3 -D printing for prototyping purposes ( «rapid prototyping industry» ) In the early 2000 s it became apparent that these technologies could also be used to produce end-consumer products and early patents on 3 -D printing expired. In 2005 Adrian Bowyer started the Rep. Rap project, an open source project to create a 3 D printer which can reproduce itself Now: Low-cost consumer market 3 D printers (starting price: 199 $) Personal 3 -D printers and service providers offering 3 -D printing service to end-consumers

Home 3 D printing: some potential application • • • Spare parts Craft and hobby items Educational uses • • • Bespoke items / customized objects Fashion items Art / Design / Sculpture Source: http: //all-that-is-interesting. com/3 d-printer

Italian IP Law Implications Patent Law • Art. 68 of the Italian Industrial Property Code ( «IIPC» ) provides limitations on patent rights for private uses: exclusive authority attributed by patent rights does not extend to actions carried out in the private sphere and for non-commercial purposes, or as experimentation (≠ U. S. ): Both in good or bad faith. Also a legal entity, if it does not carry out economic activities Also if such use conflicts with a normal exploitation of the work and prejudices the legitimate interests of the right holder (≠ copyright law). Also if private user uses CAD files specifically provided by others (CAD file database) to enable reproduction of patented product (but copyrights may be violated). • Open Issue: Need to introduce specific limitations to private use exception (as in Galenic exception)?

Italian IP Law Implications Liability of CAD files providers (Contributory Infringement) • Liability regime of intermediary service providers, according to Directive 2000/31/EC: ISP is exempt from liability in case of mere technical, automatic and passive activity. • Italian case law Contributory Infringement: the predisposition of tools useful for the implementation of the patent is deemed illegal as indirect infringement, when it occurred consciously or in case the tool is univocally intended for such use. • Contributory infringement rules applies not only in Patents, but also in Design, TM and Copyright Law. • Disclaimers: when the tool is not univocally intended for the implementation of the patent, the providers can exclude its indirect liability with specific disclaimers.

Italian IP Law Implications Design Law • Art. 42 IIPC: Exclusive rights attributed by design rights does not extend to actions carried out privately and for non-commercial purposes. • Technical function – Art. 36 IIPC: Features of appearance of a product shall not be registered as designs or models if they are solely dictated by the technical function of the product itself or connected to it (Must Fit exception) Accessories • Visibility: The internal component of a complex product is generally not protectable under Design Law Spare parts • Repair clause - Art. 241 IIPC: the exclusive rights on the components of a complex product shall not be invoked to prevent the manufacture and sale of the components themselves for the repair of a complex product, in order to restore the original appearance Spare parts.

Italian IP Law Implications Trade mark • The shape of goods can be registered as trademark (Art. 7 IIPC) Unless: - the shape dictated by the nature of the product - the shape of the product necessary to obtain a technical result - or the shape that gives substantial value to the product • Art. 20 IIPC: The trade mark owner has the right to prevent third parties from using in the course of trade, without his consent (…): not enforceable against private uses

Italian IP Law Implications Copyright Law 3 D Reproduction of a copyrighted object (figurative art, sculpture, artistic design), also done in private, may infringe the copyrights on such object: Artt. 13 and 171 ICL. Private copy exception: Art. 68(1) ICL “The reproduction of works or parts of works, made by hands or with other reproduction means which are not fit for sale or distribution to the public, is free for the personal use of the reader” – This narrow exception seems not to apply to 3 D printings. • Other exception: Art. 71 sexies ICL, but only for phonograms and videograms. • CAD-file protection under copyright law? Depending on how much skill and judgment was exercised during creation or modification of the work (yes for original elements).

3 D PRINTING AND ART •

3 D effect on artistic creation • 3 D printing is having on sculpture the same effect that the camera had on painting • If 3 D reproduction becomes a commodity, skills of the artist will be more devoted to: – conceptual elements, or – creation of shapes that do not exist in nature

Reproduction of old works Unseen Art project, Marc Dillon

Reproduction of old works • 3 D scanner + 3 D printer: - Painting Sculpture - Sculpture • Italian Cultural Heritage Law Provisions: - - Authorization Art. 107 ICHC: The Ministry, the regions and other local authorities may permit reproduction as well as exploitation and precarious use of cultural heritage goods which they have in consignment. Payment of a fee Art. 108 ICHC: No fee is due for reproductions requests by individuals for personal use or for study purposes, or by public or private entities for enhancement purposes provided that implemented non-profit, even indirectly. Fees to be paid in all other cases.

Reproduction of old works La vigna rossa, olio su tela, 73 x 92 cm, 1888, Museo Puškin, Mosca • • • Relievo Collection: The Van Gogh Museum of Amsterdam and Fujifilm: the special 3 D technique known as Reliefography, combining 3 D scan of the painting with a high-resolution print. The original and very fragile artwork of Van Gogh is scanned with a multidimensional scanner, and two-dimensional data with three-dimensional data are processed under a very strict quality control. Every Relievo is numbered and approved by a museum curator and offers amazing possibilities for educational purposes, for the access of the blind and visually impaired to these works of art, and eventually for new market opportunities.

Reproduction of old works • Unseen Art Project by Marc Dillon: Crowdfunding for an open source platform to make fine art accessible via 3 D printing, Re-creatating classical bi-dimentional paintings in 3 D, so that they may be touched and felt, both in exhibitions and in people’s homes • New opportunity of access to art for the blinds

Reproduction of old works • • • Verus Art Progam: It aims to offer a complete package of “in-museum” scans, printing, framing, marketing and distribution of the reproduced paintings. The museum will receive royalties on all 3 D printed copies Verus Art sells, and they will retain digital rights for preservation. Museums will also receive a certain number of reproductions for fund raising events and educational programs. Visual and tactile sensation New kind of art education. 3 D laser scanned and printed copy of “Echoes of Giverny” by Amanda Dunbar Sources: http: //verusart. com/ and https: //3 dprintingindustry. com/news/new-partnership-yields-3 d -printed-copies-of-fine-art-48068/

Reproduction of old works • Oliver Laric “Icon (Utrecht)”: In collaboration with 3 D modellers, Laric has translated a reformation damaged icon from St Martin's Cathedral, Utrecht, into a silicone mold from which a number of casts have been made. Each is identical in size and form, distinction coming only from their varied pigmentation. Source: http: //oliverlaric. com/iconutrecht. htm

Reproduction of old works Bringing old paintings to 3 D life • Watch as Vincent van Gogh's paintings come alive thanks to 3 D animation and visual mapping by Lu https: //www. youtube. com/watch? v=L 02 e. Yu. DHQ 80 • Van Gogh painting comes to life in 3 D https: //www. youtube. com/watch? v=ww. Etx. Qs 940 g • Art in motion https: //www. youtube. com/watch? v=w. C 9 Wx. Uct 54 o

New forms of art Akinori Goto, People Walking, 2015

New forms of art • Joshua Harker used to work as a product and toy designer for a few years before turning to 3 D art. He’s created the first and fourth most funded sculpture projects on Kickstarter, and sold thousands of works of art, all created with 3 D printing, some specifically created “in honor of the developing 3 D Industrial Revolution”. Joshua Harker Anatomica di Revolutis, 2012 Sources: http: //www. joshharker. com/ and http: //makezine. com/2013/04/18/a-conversationwith-3 d-artist-joshua-harker/

New forms of art “The wings are comprised of 75 separate mechanical moving pieces that are printed in their entirety as a single working assembly. They are symbolic of the mythical Phoenix rebirth & spring from the fire theme interpreted by my "tangle" aesthetic” Joshua Harker Anatomica di Revolutis, 2012 – Details Sources: http: //www. core 77. com/posts/23842/joshua-harker-using-kickstarter-to-celebratethe-third-industrial-revolution-23842

New forms of art • • Media artist Akinori Goto designed a 3 D-printed zoetrope that when lit from the side reveals dancing or walking people. The piece was on view at the Spiral Independent Creators Festival where it won both the Runner-up Grand Prix and the Audience Award. Copyright and patent protection Source: http: //akinorigoto. tumblr. com/

New forms of art • Artist Jonathan Keep pushes the boundaries of his medium with 3 D-printed ceramics. The organic, coral-like shapes of the Random Growth series are inspired by the growth patterns of natural structures like stalactites or ant hills, which have an underlying logic paired with randomness. The artist scripted a generative algorithm that mimics the effect, and the code determines the shape of the pieces. Source: http: //inhabitat. com/conceptual-artists-and-designers-push-boundaries-of-design-atlondons-first-3 d-print-show/

New forms of art • Artist Jonathan Keep’s Sound Surfaces series consists of physical representations of digital music recordings. A pixel is coded in virtual space to spiral, with a three-dimensional computer mesh eventually forming the basic shape of the vase or vessel. Data from digitally recorded songs add texture to the virtual mesh, with the tone and rhythm determining the ultimate surface of the 3 D-printed ceramic object. Keep taught himself how to code, seeing it as another form of making. Source: http: //inhabitat. com/conceptual-artists-and-designers-push-boundaries-of-design-atlondons-first-3 d-print-show/

New forms of art • Artist Michael Eden is one of the early explorers of 3 D printing’s potential for artwork, often marries traditional craft skills and digital technology, referencing Wedgwood ceramics in his pieces and working with unfired ceramic materials, as in this piece “Bloom” which references antique ceramics and classic decorative forms, but it’s made through a process of additive layer manufacturing with a nylon material and a mineral soft coating. Source: http: //inhabitat. com/conceptual-artists-and-designers-push-boundaries-of-design-atlondons-first-3 d-print-show/

New forms of art • Michael Manning used 3 D printing to show the medium could be transformed by the technology. His paintings offer the appearance of an individual artist’s brushwork. Michael Manning 9 Pound Hammer, 2015 Source: http: //blog. themanningcompany. com/

3 -D Artworks: A new Distribution Structure Sol Le. Witt “Wall Drawing #1136” (2004)

3 -D Artworks: A new Distribution Structure Traditional distribution of digital 3 D creations: • • Creation of the CAD files by the artist Artwork realized using 3 D printing technology directly by the artist Certificate of authenticity accompanying the artwork Distribution of the artworks through traditional channel (galleries)

3 -D Artworks: A new Distribution Structure Digital distribution of digital 3 D creations: • Creation of the CAD files of the artwork by the artist • Digital distribution of CAD files (on-line platforms) Lower distribution costs (!) & higher possibility of sale (? ) • Fabrication of the 3 D artwork at collector’s end, under license (but quality control? ) • Certificate of authenticity related to the use of the file (physical certificate or blockchain) – Sol Le. Witt model • Further reproduction / sale regulated by contract • Possibility to destroy files after first use

Thank you! Avv. Massimo Sterpi Studio Legale Jacobacci & Associati Roma - ITALY Phone: +39 06 42013332 Fax : +39 06 42870022 msterpi@jacobacci-law. com http: //www. jacobacci-law. com