3D digitisation of cultural heritage: copyright implications of the methods, purposes and collaboration

Oruc, P. (2020) 3D digitisation of cultural heritage: copyright implications of the methods, purposes and collaboration. Journal of Intellectual Property, Information Technology and E-Commerce Law, 11(2), 149.

Abstract

3D technology is increasingly used in the digitisation of cultural heritage and while parties engaging in such projects need copyright as an incentive, the copyright status of such 3D models are unclear. It is usually assumed they would not be protected, as the scans of existing objects are less likely to be original compared to the 3D models created from scratch. However, it is often overlooked that these projects vary greatly in terms of the chosen method (whether it is laser scanning or photogrammetry), the project’s purpose (if it is for identical copying or if there is any restoration or creative contribution involved) and the collaboration of different people (ranging from employees to volunteers). This article will discuss the copyright implications of the chosen method, purposes and the level of collaboration, in order to show that each of these factors impact the category, originality and the authorship of the resulting work. It will be argued that it is possible, and in some instances very likely, for 3D projects to lead to protectable outcomes under the EU copyright law.

• Item Type: Articles
• Status: Published
• Refereed: Yes
• Glasgow Author(s) Enlighten ID: Oruc, Dr Pinar
• Authors: Oruc, P.
• College/School: College of Social Sciences > School of Law
• Journal Name: Journal of Intellectual Property, Information Technology and E-Commerce Law
• Publisher: Digital Peer Publishing
• ISSN: 2190-3387
• Copyright Holders: Copyright © 2020 Pınar Oruç
• First Published: First published in Journal of Intellectual Property, Information Technology and E-Commerce Law
• Publisher Policy: Reproduced under the Digital Peer Publishing Licence (DPPL)