Decisions Roundup: Digital Models of Autos Not Original Enough for Copyright Protection

Posted by Matthew Heller

Case: Meshwerks, Inc. v. Toyota Motor Sales

Court: 10th Circuit

Date: June 17

Facts: Toyota devised an advertising campaign that would include digital models of its vehicles for use on the Internet and in other media. In a copyright infringement suit, model creator Meshwerks alleged it only contracted with Toyota's ad agency for a single use of its models in a TV commercial and not in other advertisements. A trial judge summarily dismissed the case.

Holding: "While fully appreciating that digital media present new frontiers for copyrightable creative expression, in this particular case the uncontested facts reveal that Meshwerks’ models owe their designs and origins to Toyota and deliberately do not include anything original of their own ... [W]e think Meshwerks’ models are not so much independent creations as (very good) copies of Toyota’s vehicles."

To read the opinion, click here.