Copyright and Legal Issues Surrounding 3D Data

Abstract

An overview of essential legal concepts and strategies, this chapter synthesizes the ideas, questions, and legal issues that arise in relation to 3D data. Case studies provide scenarios based on real-world situations that will help readers recognize legal and policy issues. Readers will have a framework for thoughtful decision making that is consistent with their particular mission.

We begin with a general overview of US Copyright Law and then focus on case law that is relevant for understanding the legal status of 3D models. Case studies focus on creation or acquisition methodologies including: institutional photogrammetryi of an object, indigenous community and non-profit organization partnership to digitally document and preserve cultural artifacts, transferring ownership of 3D data to an institutional repository, and a complex researcher-developed 3D model. These case studies are used to provide relevant illustrations of practices and situations that may prompt legal questions, but we also recommend considering more complex ethical issues early on. These case studies will help readers recognize legal and policy issues that may be relevant to their current practices in 3D creation and dissemination, and review will emphasize expectations under both open and restricted accessii scenarios, including contracts and licensing. In certain case studies, expansions are included to highlight additional domain-specific questions.