[Discuss] discuss Digest, Vol 23, Issue 12

Emilio Velis contacto at emiliovelis.com
Wed Apr 16 15:04:07 UTC 2014

I tend to think like a troll. If I were to bring a lawsuit agajnst a person
making 3D models of my spider-man-shaped can opener, I would say that by
creating a model the person is only creating a copy with no element of
creativity similar to the case of
El abr 15, 2014 5:07 PM, "Matt Maier" <blueback09 at gmail.com> escribió:

> Michael,
> 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?
> Matt
> 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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