CC-PlusDesign.eu—Or How to Apply Creative Commons Licences to 3D Printed Products in the Light of the Most Recent Developments of the European Court of Justice Case Law

Abstract

In recent years, 3D printing has become widespread due to the popularisation of new technologies and the diffusion of a culture based on access to and reuse of knowledge. This blend can be called Open Design. Many Open Design supporters argue that 3D printing technology can be seen as the cornerstone of a third industrial revolution. In this light, it is relevant to ask whether modern open designers can benefit from copyright protection and can successfully rely on open licences. In this chapter, Margoni focuses especially on Creative Commons (CC) licences. He provides an overview of the relevant EU copyright law provisions, and on some recent case law of the European Court of Justice. By examining the most relevant aspects of CC licences, including their applicability to products of design, Margoni can investigate whether a proper legal framework for Open Design exists. He concludes that design rights are not included in the current CC licences. However, thanks to a specific tool offered by CC, called CC-Plus, it is possible to “enhance” a CC licence in order to include design rights and possibly to create a legal framework for the development of Open Design projects under the name of CC-PlusDesign.