I concur with Weinberg’s (2016) argument that “copyright does not – and should not – protect 3D scans,” (p1) partly because 3D scans do not necessarily come under the remit of being creative unless the scan is expressive. If a 3-dimensional scan proves to be expressive of an artistic nature or originality then it can have claim for copyright in its own right. Most 3-dimensional scans are representative of the object being scanned with no originality or artistic ability or talent having taken place. The purpose of 3D scanning is to capture the object exactly as is it, otherwise what is the point. A scanned object creates data, so a computerised machine can understand what the object is and recreate it. So yes there may be copyright laws on the object being scanned and on the computer software program being used and the machines being used, but not so for the scanned copy, because it is not an original.
Cronin (2016) agrees with Weinberg (2016) stating that most 3D scans are scans of “objects best identified as the cultural legacy of humanity” Cronin suggests that “3D printing technologies, therefore not only promote more democratic access to geographically disperse cultural works, but also advance the dissolution of divisive cultural, political, and geographic boundaries.” (p4) As Weinberg states “Since copyright requires an author, the role of a human in the creation of a work is key.” (p4)
As I investigate the matter of 3D copyright further, I discover many aspects of originality and expressive forms of 3 dimensional scanning, which in their own right deserve copyright.
“It is only a question of time before 3D laser scanners become the favorite creative tool of all the digital artists out there.” Scott Page (2013)
Cronin, C. 2016
‘Possession is 99% of the Law: 3D Printing, Public Domain Cultural Artefacts and Copyright’, University of Southern California Law School, Legal Studies Research Papers Series, Paper 205, pp1-26.
Page, S. 2013
3D Laser Scanning Reinvents Architecture and Art at the Same Time.
Weinberg, M. 2016
‘3D scanning: A World Without Copyright’, Shapeways, pp1-16.