3D Digital Ownership

Introduction of 3D technology

3D digitisation is a significant technological advancement in many fields, now being used in areas for planning, research and restoration. Its value in by those who have employed the technology is undeniable. However, a main concern that has arisen regarding creating 3D digital models of objects and spaces pertains to the issues around the copyright and ownership of the scans made during information collection and the models developed as a product of such.

Future of Research

Research has benefitted immensely from 3D tech in multiple areas, significantly fields such as archaeology which require thorough documentation of each stage of work to sufficiently document and preserve any excavation done. In this area, utilising 3D technology allows for revisiting archaeology sites, studying and comparing layers strata, and maintaining a visual record for conservation. Beyond the site we find 3D tech being used to preserve objects and artefacts in the conditions of which they are recovered, and even study them more thoroughly. Both epitomise the significance of having the capacity to revisit areas and objects of study which would otherwise be inaccessible and unattainable.

Digital Ownership

But the issue of proprietorship is a main concern due to the ethical implications in thought of who owns the digital property, and even the subsequent knowledge it awards. Hypothetically, if a collection’s curator commissions for an object to be 3D scanned, the question of ownership of the digital material can arise. Does the digital property belong to the out-sourced 3D technician, the curator that commissioned the scans or the institution that houses the object? This is a forthcoming concern arising with the introduction of 3D digitisation.

The concern regarding copyright can be understood in two ways: (1) that parties which employ 3D tech will avoid objects that are protected under copyright to avoid the aforementioned ownership debacle, or (2) limiting infringement and stolen property of scans made by independent scanners. What the latter refers to is rather than seeing copyright as a barrier in the freedom of 3D scanning, instead utilising copyright laws for protection against theft of their work.

3D printed models can be a whole beast of their own as you can probably imagine but echo the same concerns.

Possible solutions?

In many ways these issues resemble concern of 2D photography, and maybe what it was like when photographs gained commercial popularity. However, it could simply be argued that if the same copyright laws that surround 2D photography are applied to 3D, and concise contracts illustrate the terms of use of digital property, this issue could be resolvable. With clear discussion amongst parties, the ownership of 3D property and accessibility of its use can be managed and should be determined prior to commission.

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For more information on the topic, we recommend these papers to kickstart your own research:

Oruc, Pinar. (2022). Rethinking Who ‘Keeps’ Heritage: 3D Technology, Repatriation and Copyright. GRUR International. 71. 10.1093/grurint/ikac096.

Hughes, Justin. September 20, 2011. ‘The Photographer’s Copyright – Photograph as Art, Photograph as Database’. Harvard Journal of Law and Technology, Vol. 25, 2012, Cardozo Legal Studies Research Paper No. 347, Available at SSRN: https://ssrn.com/abstract=1931220

Chat-board on the topic:

https://blenderartists.org/t/copyright-issues-for-3d-artist/1427078