Practical Answer — Sculpture Foundry Control
How to Protect Sculpture Designs When Working with a Chinese Foundry
Protect the whole production chain, not only the finished sculpture: drawings, maquette, 3D mesh, master, mold, casting authorization, edition records, proofs, and certificates of authenticity.
By Peter Lin, Founder, China IP Gateway · August 4, 2026
In short
Before detailed disclosure or digital modeling, verify the Chinese contracting entity and agree in writing who may use each asset, who owns or may use project deliverables, which editable source files must be delivered, how edition size and proofs are counted, and what must be returned or deleted when the engagement ends. An NNN can support early disclosure, but it is not a complete foundry-control system by itself.
The Direct Answer
Use layered protection before the foundry receives production-ready material: preserve evidence of the artist's existing work; define the foundry's permitted purpose; settle ownership and delivery of the 3D mesh, master, mold, and other commissioned outputs; cap the edition size, artist proofs, and foundry proofs; control certificates of authenticity; and require return, transfer, deletion, or documented destruction at the end. Match those written terms with approvals, numbered casting records, access limits, and an evidence log.
Main Risks
A sculpture foundry may touch several assets that can reproduce the work. The legal and practical risk changes at each stage, so a single confidentiality clause should not be treated as the complete answer.
Disclosure before the recipient and purpose are fixed
High-resolution drawings, photographs, scan data, a maquette, or a production-ready 3D mesh may be enough to begin reproduction. Sending them to a salesperson, trading company, freelancer, or unnamed subcontractor can put the most useful evidence outside the signed relationship.
Unclear ownership of commissioned production assets
The artist may own rights in the original drawings or maquette without automatically owning every contribution made during digital sculpting, engineering, scaling, mold design, or surface development. Ownership is affected by the creative contribution, the commissioning relationship, and the written agreement.
Edition leakage through proofs, overruns, or rejected casts
An edition size can be undermined if artist proofs, foundry proofs, replacements, seconds, and rejected casts are undefined. Extra casts may enter the market without the artist's numbering, approval, or certificate of authenticity.
Foundry control of the master, mold, or source files
Even where the artist has a strong rights position, a foundry holding the only master, mold, editable 3D mesh, or production notes can create lock-in. Payment alone does not create a workable handover process.
Uncontrolled subcontracting
Scanning, 3D modeling, enlargement, mold making, casting, chasing, patination, stonework, crating, or photography may be sent to other workshops. Each additional recipient creates another reproduction and evidence path.
Recommended Protection Sequence
The protection sequence should move from evidence and limited disclosure to commissioned development, production authorization, and exit controls.
Create an asset and evidence inventory
Record what already exists before the foundry contributes: dated drawings, photographs, maquette, digital files, dimensions, surface instructions, correspondence, and any prior assignments or licences.
- Identify the artist, studio, gallery, fabricator, and any co-creators.
- Keep dated versions and delivery records for each disclosed asset.
- Separate pre-existing artist material from foundry-created deliverables.
Define the edition and authorization before quoting becomes production
State the authorized work, dimensions, material, finish, edition size, artist proof allowance, foundry proof allowance, replacement policy, and who may approve a casting.
- Define whether an AP or FP is inside or outside the numbered edition.
- Prohibit overruns, unapproved replacements, seconds, and off-book casts.
- Reserve certificate of authenticity issuance and numbering to the artist or named rights holder.
Verify and bind the correct China-side parties before sensitive disclosure
Confirm the Chinese legal entity that will sign, receive payment, control the workshop, and engage subcontractors. Use China-focused confidentiality, non-use, and non-circumvention terms where appropriate, but do not rely on an NNN alone for development, edition, mold, or exit issues.
- Use the complete Chinese legal name and check the payment path.
- Require approval and flow-down obligations for subcontractors.
- Attach a disclosure schedule or keep a separate disclosure log.
Set commissioned-work and file terms before scanning or 3D modeling
Before the foundry creates or modifies a 3D mesh, scaled model, master, mold plan, or other production asset, define ownership or licence rights, background materials, permitted uses, improvements, editable source-file delivery, and restrictions on reuse.
- Do not assume that paying the modeling fee settles copyright ownership.
- List native file formats, version history, passwords, and delivery milestones.
- Require return or deletion of working copies and backups to the agreed extent at exit.
Approve maquette, master, mold, and casting milestones
Use written approvals at the maquette or digital sculpt, master, mold, wax, raw cast, chasing, patina, and final acceptance stages. A production change should not silently become a new reusable foundry asset.
- Record approved dimensions, surface, patina sample, and casting mark.
- Tie milestone payment to inspection and delivery obligations.
- Photograph identifiers on the master, mold sections, and authorized casts.
Close the loop after the authorized run
Reconcile numbered casts, APs, FPs, replacements, rejected pieces, and certificates. Then apply the agreed return, storage, transfer, deletion, or destruction rules to the master, mold, 3D mesh, scan data, and production records.
- Obtain a final casting and inventory statement.
- Document destruction or controlled storage of molds and rejected casts.
- Revoke file access and collect the editable production archive.
Practical Controls
The useful question is not only who owns an asset. It is also who possesses it, who may use it, what must be delivered, and what evidence will exist if the relationship ends.
| Asset / Issue | Written Control | Operational Control | Evidence |
|---|---|---|---|
| Drawings, photos, and maquette | Permitted evaluation or production purpose; no reuse, filing, display, sale, or disclosure beyond approved recipients. | Share staged, watermarked, or reduced-detail material until the recipient and purpose are confirmed. | Dated originals, version history, transmittal email, recipient list, and disclosure schedule. |
| 3D mesh and scan data | Ownership or licence allocation, background assets, derivative rights, native source-file delivery, use limits, and deletion or return duties. | Limit access by person and stage; require delivery of editable mesh rather than only STL or rendered images. | File hashes, version log, creator records, delivery receipt, and access log. |
| Master and mold | Ownership, custody, location, exclusive use, inspection, maintenance, transfer, storage, and end-of-run disposition. | Mark components, photograph them, track repairs, and condition final payment on agreed handover records. | Asset register, photographs, mold-part list, storage confirmation, and transfer or destruction certificate. |
| Authorized casts and proofs | Edition size, AP and FP caps, numbering, replacement policy, no overruns, treatment of seconds, and no foundry sales. | Use a cast ledger and written release before each pour or batch. | Numbered inventory, weight or dimensions, photographs, acceptance record, and scrap record. |
| Certificate of authenticity | Only the artist or named rights holder may issue, sign, reproduce, or authorize the certificate and its numbering system. | Keep certificate templates, seals, serials, and signature files outside the foundry's general access. | Certificate register matched to each authorized cast and buyer record. |
Which Control Is Needed at Each Foundry Stage?
This table is a sequencing tool, not a substitute for advice on the specific work, parties, and transaction.
| Situation | Priority | Caution |
|---|---|---|
| Capability discussion only | Entity screening, limited disclosure, and a clear no-production boundary. | Do not send a production-ready mesh or full maquette scan merely to obtain a rough quotation. |
| Foundry will create a 3D model or master | Commissioned-work terms, contribution records, source-file delivery, permitted use, and exit obligations before work begins. | Artist ownership of the 2D drawings does not automatically answer ownership of every new 3D contribution. |
| Mold making or first casting | Mold ownership and custody, milestone approvals, edition authorization, proof limits, and subcontractor controls. | An NNN does not by itself define edition count, mold transfer, quality, or casting authority. |
| Edition complete or supplier change | Inventory reconciliation, source-file delivery, mold return or destruction, deletion, and access revocation. | Do not close the final payment without the agreed asset and record handover. |
Frequently Asked Questions
Is an NNN agreement enough to protect a sculpture design in China?
No single NNN should be treated as enough for every foundry risk. It can support early confidentiality, non-use, and non-circumvention controls, but commissioned 3D work, masters, molds, edition limits, proofs, quality, file delivery, subcontractors, certificates, and exit duties normally need more specific terms and operational records.
Should the agreement cover the maquette, master, mold, and 3D mesh separately?
Yes. They are different assets with different creators, custody, reproduction value, and delivery formats. The agreement should identify each one and address ownership or licence rights, possession, permitted use, editable source-file delivery, transfer, return, deletion, storage, or destruction as applicable.
Can the foundry keep a foundry proof?
Only if the artist or rights holder expressly authorizes it and the agreement defines the number, ownership, marking, permitted display or sale, certificate status, and whether it sits inside or outside the edition size. An undefined foundry proof can become an unauthorized extra edition.
Who should issue the certificate of authenticity?
The agreement should reserve issuance and control to the artist or another named rights holder. The foundry may supply production facts, but certificate templates, signatures, numbering, and duplicates should not be left under uncontrolled foundry access.
What should happen to the mold after the edition is complete?
The agreement should choose a documented result: return or transfer, controlled storage for a defined period, or destruction. The choice should also cover mold sections, master patterns, waxes, rejected casts, scan data, and digital files that could reproduce the work.
This page provides general practical information. The result for a particular sculpture, contributor, foundry, registration, or dispute depends on the facts, parties, documents, evidence, and applicable law.
Sculpture Foundry Control
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