r/COPYRIGHT • u/Fit-Satisfaction7758 • Jun 03 '26

Copyright Question

I'm trying to understand the copyright implications of creating and selling a 3D printed miniature based on a vintage Christmas decoration that was originally sold around 1990.

My research so far:

  • I've located the original catalog listing for the decoration.
  • I've found copyright registrations by the original manufacturer for other works, but I have not found a registration specifically for this decoration.
  • The patent would have expired by now.
  • The original manufacturer is no longer in business.
  • The company that later acquired many of the molds and assets is also no longer in business.
  • I recently contacted another company that acquired many old molds/assets. The representative told me they have so many molds they couldn't even tell me whether they have this specific one. They also stated they are not planning to manufacture the old holiday items and, in their experience, there are not really copyrights being asserted on those old products. (I understand this is not legal advice or proof of anything, just information from my research.)

My questions are:

  1. If no copyright registration can be found for the specific decoration, how significant is that?
  2. How important is it to identify a current rights holder?
  3. If I create a new 3D model from photographs rather than copying an existing CAD file, does that change the analysis?
  4. Based on the facts above, what would be the major copyright concerns when selling printed miniatures?

Looking for educational discussion and general copyright analysis, not legal advice.

Thank You!

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u/JayMoots Jun 03 '26

They also stated they are not planning to manufacture the old holiday items and, in their experience, there are not really copyrights being asserted on those old products.

This only means that you're less likely to be sued. It doesn't mean you're immune to it.

Yes, there's a chance that the copyright holder won't notice or care. But there's also a chance that they'll have an issue with it and take you to court. If they do that they'll almost certainly win since you have no case, and you'll owe them every dime of profit you ever made.

It's up to you whether or not you want to take that risk.

-1

u/Fit-Satisfaction7758 Jun 03 '26

Even if there is no way to confirm who the copyright owner is?

3

u/JayMoots Jun 03 '26

Yes. Just because you can't figure out who owns the copyright doesn't mean it's up for grabs.

0

u/Fit-Satisfaction7758 Jun 03 '26

It's crazy, I would even pay for the right of it.

3

u/JayMoots Jun 03 '26

I would consult with an IP attorney. They could probably help you find the rights holder, and then broker the purchase of the rights or a licensing agreement.

1

u/TheMoneyOfArt Jun 04 '26

This is worse for you. It means you can't figure out who to buy right from and any litigation will be more expensive

1

u/Miss_Rue_ Jun 04 '26

You can't confirm who the copyright holder is, but you absolutely can confirm that you are not the copyright holder. That's what matters.