What you will learn
When you turn a child's drawing or your own illustration into a 3D model with AI, two questions come up: "Am I allowed to use this drawing?" and "Is it safe to share it?" This article focuses on the moment of AI 3D conversion and walks through four things: who owns the copyright in a child's drawing or illustration, what to watch for with fan art of licensed characters, how to think about rights when AI does the conversion, and how to protect a child when sharing their work or name.
Note: Figmee currently offers figurine-style image generation and 3D model data (GLB / 3MF) downloads. Physical 3D print ordering is coming soon. Figmee is designed for turning your own original characters and illustrations, or a child's drawing, into a 3D model.
The rights explanations below are general information based on Japanese copyright and civil law. They are not legal advice; for a specific situation, please consult a lawyer or other professional. Rules differ by country, so this is offered as the Japanese example.
Who owns the copyright in a child's drawing?
The first thing to understand is when and to whom copyright arises.
In Japan, copyright is generally understood to arise automatically the moment a work that "creatively expresses thoughts or feelings" is made. No registration or application is required. Professional or amateur, skilled or not, regardless of age, a child's drawing is protected as a copyrighted work as long as it shows their individual expression. This view is reflected in materials from Japan's Agency for Cultural Affairs.
Copyright is broadly divided into "moral rights" (such as the right to decide whether to publish, the right of attribution, and the right against unauthorized alteration) and "economic rights," and commentary explains that a child, too, is recognized as holding these. In other words, the rights holder of a drawing the child made is the child who drew it.
At the same time, under Japanese civil law, a parent with parental authority is said to have the power to manage a minor child's property and to act as the child's legal representative for legal acts concerning that property (Article 824 of the Civil Code). From this general principle, we can organize it this way: the copyright (economic rights) in a child's drawing belongs to the child, while exercising and managing it—such as deciding whether to permit publication or commercial use—presupposes the parent's involvement. (We could not confirm a specific standard defining exactly how far a parent's consent is required to exercise a minor's copyright, so this is an arrangement drawn only from the general principle.)
In practice, using a child's drawing to make a 3D model with AI within the family raises few concerns on the rights side. What matters more is respecting the child's work as their own and checking with the child and their guardian before showing or sharing it outside.
Watch-outs when making a 3D model from fan art of licensed characters
Children often draw characters from the anime and games they love. But once you think about converting that drawing to 3D and publishing or selling it, the situation changes.
Posting fan art online—drawn based on the design features of an original character without the rights holder's permission—is said to potentially constitute copyright infringement (of the reproduction right and the adaptation right) in many cases. Derivative works generally require the rights holder's permission, and for well-known titles the rights holder may set their own guidelines for derivative works, so it is recommended to check those first.
The point to be especially careful about is making things three-dimensional or turning them into merchandise. Compared with flat expressions such as illustrations or manga, three-dimensional objects and goods are more likely to be judged as commercial in purpose, and are said to require more cautious handling. Depending on the work, there are cases where drawing an illustration is permitted but making and selling three-dimensional objects or goods is prohibited. In other words, "even if a drawing is fine, a 3D model or goods may be a separate matter."
Figmee is designed for turning your own original works into 3D models, and does not encourage generating licensed characters. Treat a child's drawing of a licensed character as a keepsake to enjoy within the family, and before going as far as publishing on social media or selling, it is safest to check the original work's guidelines. For how rights work when you are considering sale or distribution, the related guide at the end of this article is also helpful.
How to think about rights when AI does the conversion
For the question "what happens to rights when AI is involved?", recent public materials are a useful reference.
In March 2024, Japan's Agency for Cultural Affairs released "Approach to AI and Copyright," and in July of the same year it released "Checklist and Guidance on AI and Copyright." These present a framework in which whether an AI-generated output infringes the copyright of an existing work becomes an issue only when both "similarity" (the output shares creative expression in common with the existing work) and "reliance" (it was made in reliance on the existing work) are recognized.
Applying this to the case of turning a child's drawing or your own illustration into a 3D model with AI, the point comes down to "whether the source drawing is your own (or your child's) original." If the source of the conversion is the person's own original creation, the issues of similarity and reliance with someone else's work are unlikely to arise. Conversely, if the source is close to a copy or trace of an existing licensed character, similarity and reliance with the original work can still be questioned even after AI converts it to 3D. (We could not confirm a public decision that explicitly addresses the specific situation of making something three-dimensional via AI, so this is an arrangement drawn from the general framework.)
Separately, whether an AI-generated output is itself recognized as a copyrighted work is said to depend on the presence and degree of a human's "creative contribution." When you have a source drawing that a child or you made, and you build on it with instructions and adjustments to create a 3D model, it is easier to understand if you think of the original drawing's copyrightability as the base.
Safety when sharing a child's work or name on social media or the web
Once a 3D model is finished, you will want to show it to family and friends—but the way you publish it deserves a little care. Apart from rights, there is the matter of a child's safety and privacy.
When information such as face, name, and address is combined, there is said to be a risk that the home, the school attended, and daily areas of life can be identified. Cases have been pointed out where a face becomes clear from a photo, and on top of that a name or address can be read from what is captured in the background or from the text. Unusual names in particular are easier to identify, and a real name or a nickname derived from it can serve as a clue, so it is recommended not to reveal real names on social media.
From a legal standpoint too, there is commentary that a parent publishing a child's photo on social media without the child's consent could amount to an infringement of the child's own portrait rights and privacy rights, and that this can become a problem after the child grows up. It has also been pointed out that having a location identified through background details or location tags can lead to unexpected crime risks, and suggested countermeasures include photographing the subject up close to limit what appears in the background.
The same thinking applies when you share a 3D model made from a child's drawing. Check whether the drawing contains a real name, preschool name, or school name, and whether the background captured alongside it (a view of the home, a uniform, a sign showing a place name) reveals your daily area of life. A little extra effort—limiting who you share with to family and close friends, and not revealing real names or affiliations on public accounts—helps protect the child.
Checklist before publishing or sharing
- The source drawing is an original made by you or your child (not a copy of a licensed character)
- If it is based on a licensed character, you keep it to enjoyment within the family, or you have checked the original work's guidelines before publishing or selling
- The drawing does not contain a real name, preschool name, or school name
- The background captured with the drawing does not reveal your home or daily area of life
- The child and their guardian consider it a work that is fine to publish or share
- You have narrowed the sharing scope to the people who need it
FAQ
Who owns the copyright in a drawing a child made—the parent or the child?
The general view is that the child who drew it holds the copyright. However, under Japanese civil law, management of and representation for a minor child's property fall to the parent, so the decision of whether to permit publication or commercial use presupposes the guardian's involvement.
Is it okay to make a 3D model from a drawing where a child drew an anime character?
Enjoying it within the family differs from publishing on social media or selling. Publishing unauthorized fan art is said to potentially constitute copyright infringement, and making things three-dimensional or into merchandise is said to require more cautious handling. If you are considering publishing or selling, first check the original work's guidelines for derivative works.
Does converting with AI reset the rights?
Going through AI does not change the rights holder of the original drawing. What matters is whether the source drawing is your own (or your child's) original. Where it resembles someone else's work and is judged to have been made in reliance on it, the view is that a rights issue can remain even after conversion.
What should I watch for when posting a 3D model of a child's drawing on social media?
Check that the drawing or image does not include a real name, preschool name, or school name, and that the background does not reveal your home or daily area of life. Narrow the sharing scope to family and close contacts, and avoid revealing real names or affiliations on public accounts.
Summary
When you turn a child's drawing or your own illustration into a 3D model with AI, thinking around the axis of "whether the source drawing is your own (or your child's) original" resolves most of the worry. With an original work, there is little to worry about on the rights side for enjoyment within the family; when you publish or sell a copy of a licensed character, checking guidelines is necessary. And apart from rights, when publishing it is important to take care so that a child's name and daily area of life cannot be identified.
Start by choosing one drawing that matters and creating a figurine-style image and a 3D model. Publishing and sharing can wait until you have run through the checklist in this article.
This article is intended to provide general information and is not legal advice. If you need a decision on a specific case, please consult a lawyer or other professional.
