Fender Bender: 3D Computer Modeling of Commercial Objects and the Meshwerks v. Toyota Decision, 8 J. Marshall Rev. Intell. Prop. L. 429 (2009)

Authors

Andrew C. Landsman

Abstract

The Ninth Circuit Court of Appeals established a standard of originality for three-dimensional wireframe computer models for purposes of copyright protection in Meshwerks, Inc. v. Toyota Motor Sales USA, Inc. The court applied the standard of originality used by courts when assessing the originality of photographs. In doing so, the court created a test for wireframes that precludes any wireframe from acquiring copyright protection. This comment proposes that courts reconsider the holding in Meshwerks and treat wireframes as sculptures rather than photographs, which would allow wireframes to be copyrightable.

Recommended Citation

Andrew C. Landsman, Fender Bender: 3D Computer Modeling of Commercial Objects and the Meshwerks v. Toyota Decision, 8 J. Marshall Rev. Intell. Prop. L. 429 (2009)