This document discusses copyright issues related to 3D data and works. It notes that copyright law broadly protects creative expressions but not facts or ideas. For 3D works intended for practical use, copyright protection varies depending on whether the work is highly artistic or pragmatic. The document explores examples of how copyright may apply differently to 3D data based on factors like the intended use of a captured work and whether the work and its capture were creative. It also discusses implications of freely available 3D data and alternatives to strict copyright protection like embracing openness.

1. Copyright Conundrum on 3D
Data and 3D Works
Tomoaki Watanabe, Ph.D.
Project Associate Professor, Graduate School of
Media and Governance, Keio University
Imaging Conference Japan 2016, 2016.06.07-09, Tokyo Institute of Technology,
Tokyo.

2. About:
CommonSphere (Creative Commons Japan)
GLOCOM (ICT policies, information society)
Open Knowledge Japan (Open Data)
Keio U. (Digital fabrication, open innovation)
Not a lawyer
Views my own, not those of the affiliated

3. Copyright Law
Very broadly applicable
Indiscriminate re: quality of works
(historic masterpieces and mediocre failures both covered)
The law gives “protection”: author‘s exclusive rights over a work .

4. Copyright Law (2)
copyright law protects
creative
expression of
thoughts and emotions
Authors (or right-holders) have the exclusive right to use the works for
a duration of time.

5. Copyright Law (3)
“Creativity” of expressions: low bar
Courts should not be in the position of determining what is creative
and what is not.
not expression: facts, ideas
not creative enough: season’s greetings, opening of obituaries
data (faithful reproduction of facts), others …

6. Scope and duration of protection
Broad and long protection:
Other people cannot make use of the works
Narrow and short protection:
Authors cannot make money from the works

7. Copyright Law: 3D Works, 3D Data
3D Works for pragmatic use: usually treated differently
Why 3D works (for pragmatic use) treated differently?
What are they anyway?
Highly artistic Others
Pragmatic 3D Objects Protected Mostly Not
Others Protected Protected

8. Why & What
Design law “protects” …
registered
aesthetic
mass-production designs of
visual patterns, shapes, colors, and combinations thereof
Copyright law is interpreted to avoid duplicative coverage with the design
law over the same object.
Houses, Chairs/ Figurines/ Sculptures

9. 3D Data: Data issues and a 3D twist
3 Issues inherent in data:
A. 2D works for pragmatic use ... Does not affect the protection (cf.
maps, architectural plans)
B. non-creative expression ... Does matter
C. creative works captured non-creatively ... Does matter
3D data issue:
seemingly creative 3D works captured non-creatively
(cf. architectural plans)

10. 3D Data (2) Examples
Mediocre sculpture
plan on paper in straightforward manner
(Creative work, non-creative capturing) … protected
Mediocre chair
plan on paper in straightforward manner
(Non-creative work, non-creative capturing) … not protected

11. A twist: gap b/w intended use and shape
Intent and shape do not correspond one-to-one
Same shape, different copyright treatments?
A chair for:
sculpture
earrings
figurines
furniture
3D animation movie/ video game

12. 3D Data: examples for intent-shape gap
Mediocre chair for 3D animation movie/ video game
(creative work (!), non-creative capturing) … protected
Mediocre chair for 3D printing for earrings
(creative work, non-creative capturing) … protected
Mediocre chair for 3D printing for seating
(non-creative work, non-creative capturing) … not protected?
(see. Inoue, 2015)

13. Another twist: Scanning
Scanning: faithful reproduction of real-world (facts)
* general problems with tools; with automation/robots
1. A mythical creature for 3D printing as a figurine (data)
… probably protected
2. The mythical creature, 3D-printed as a figurine (thing)
… probably protected
3. The creature above, 3D scanned (data)
… not protected

14. Foreign situation
US… severability the key, but confusingly many tests
FR… very broad coverage
GE… has been narrow, but revisiting (similar to Japan)
No uniformity, no convergence in sight

15. Implications
Freely-available common resource (somewhat) abundant
[market& communities]
helps expansion
[R&D]
helps analysis
[innovation]
social sphere benefits
professionals needs to be creative

16. Is copying harmful for innovation?
- Music file-sharing
- Unauthorized uploading of video
- Manga in foreign markets
- Fashion, American Football, Magic, etc. (negative space)

17. If you still want to protect your data/object
- Copy-protection technologies
- Other laws, contracts
Laws Subjects Novelty Reg. Area
Copyright Creative Exp. No No Cult
Design
Shapes,
Patterns
Yes Yes Indust
Trademark Brands No yes Indust
Unfair Compet. Outlook No No Indust

18. Still…
- Copy protection may not be able to prevent “copying-by-3D scanning”

19. Alternative: Embrace openness
- Immitation happens
- You can expand your network/ platform
- You can increase your recognition
Losing control may be scary, but it can bring you a leverage
(empowered “social” “crowd” empowering you)