Intellectual property and 3D printing: a case study on 3D chocolate printing

Abstract

The emergence of 3D printing technology as a ‘disruptive technology’ challenges the existing intellectual property framework. Our paper considers one part of that framework—copyright—in the light of 3D printing, with a special focus on issues involving artistic works and liability for authorization of infringement of copyright. We consider a scenario concerning consumer co-creation arising from 3D chocolate printing technology developed at Exeter University. We discuss the production of two-dimensional artistic works into three dimensions; ownership; originality and substantial copying; and authorship, term of protection and authorization of infringement. We consider different business models for co-creation of 3D printing technology. We conclude that by resorting to collective bargaining mechanisms and collective licensing schemes akin to those developed in the UK and in Europe, the co-creators could be rewarded through mechanisms akin to benefit sharing.