Copyright Conundrum on 3D Data and 3D

WorksTomoaki 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.

About:CommonSphere (Creative Commons Japan)GLOCOM (ICT policies, information society)Open Knowledge Japan (Open Data)Keio U. (Digital fabrication, open innovation)

Not a lawyerViews my own, not those of the affiliated

Copyright LawVery 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 .

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.

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, ideasnot creative enough: season’s greetings, opening of obituaries data (faithful reproduction of facts), others …

Scope and duration of protectionBroad and long protection: Other people cannot make use of the works

Narrow and short protection: Authors cannot make money from the works

Copyright Law: 3D Works, 3D Data3D 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

Why & WhatDesign 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

3D Data: Data issues and a 3D twist3 Issues inherent in data:A. 2D works for pragmatic use ... Does not affect the protection (cf. maps, architectural plans)B. non-creative expression ... Does matterC. creative works captured non-creatively ... Does matter

3D data issue: seemingly creative 3D works captured non-creatively (cf. architectural plans)

3D Data (2) ExamplesMediocre 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

A twist: gap b/w intended use and shapeIntent and shape do not correspond one-to-oneSame shape, different copyright treatments?

A chair for: sculpture earrings figurines furniture 3D animation movie/ video game

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

Another twist: ScanningScanning: faithful reproduction of real-world (facts) * general problems with tools; with automation/robots1. A mythical creature for 3D printing as a figurine (data)

… probably protected2. The mythical creature, 3D-printed as a figurine (thing)

… probably protected3. The creature above, 3D scanned (data)

… not protected

Foreign situationUS… severability the key, but confusingly many tests FR… very broad coverageGE… has been narrow, but revisiting (similar to Japan)

No uniformity, no convergence in sight

ImplicationsFreely-available common resource (somewhat) abundant

[market& communities] helps expansion [R&D] helps analysis[innovation] social sphere benefits professionals needs to be creative

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

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 Indus

tTrademark Brands No yes Indus

tUnfair Compet.Outlook No No Indus

t

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

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)