[Discuss] discuss Digest, Vol 23, Issue 12

Michael Weinberg mweinberg at publicknowledge.org
Wed Apr 16 20:50:37 UTC 2014

True, but that misses an important distinction.

n order to avoid copyrightability issues, let's assume you made a
non-functional spider-man sculpture that is clearly protected by
copyright.  It is true that, if I made a scan, I would not get a new,
independent copyright in my scan file.

However, my scan still constitutes a copy of your copyright-protected
sculpture.  If I don't have your permission to make the copy, I am
infringing on your copyright.  My copy doesn't need its own copyright
protection in order to infringe on your work.

On Wed, Apr 16, 2014 at 11:04 AM, Emilio Velis <contacto at emiliovelis.com>wrote:

> 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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Michael Weinberg, Vice President, PK Thinks
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