[Discuss] discuss Digest, Vol 23, Issue 12

Matt Maier blueback09 at gmail.com
Tue Apr 15 23:07:06 UTC 2014

So would that mean 3D scanning could create a new copyright as long as the
person doing the scanning has to put some effort into it? Like, if they
have to dust the item to reduce reflections and clean up the point cloud
afterwards? But they wouldn't have a new copyright if the scanner was so
good it only took one step?

On Tue, Apr 15, 2014 at 3:28 PM, Michael Weinberg <
mweinberg at publicknowledge.org> wrote:

> In the US, one requirement for copyright is some element of creativity.
> Courts recognize that staging a photograph requires some creative decision
> making (the threshold for creativity is low so it pretty much includes all
> photographs).  However, the goal of scanning is to slavishly represent
> reality as accurately as possible.  Therefore, it is a process that is
> designed to eliminate as much decisionmaking by the scanner as possible.
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