On 18 April 2023, Prof. Dr. Paul Klimpel (Berlin) gave his Fellow Lecture on the topic “Das Urheberrecht an 3D-Scans”.

Modern technology enables the true-to-life reproduction of sculptures, buildings or other three-dimensional objects. The data required for this can be extrapolated from just a few photographs taken from different angles. As fascinating as these possibilities are, the resulting legal implications are often unclear. In his lecture, Paul Klimpel provided an overview of the legal complications that can arise in connection with 3D scans. As an example, he presented the work of the Berlin-based artist Oliver Laric, who produces 3D scans of sculptures and makes this data publicly available. Instead of elevating everyday objects onto a pedestal in a museum, as is done in the case of ready-mades or objets trouvés, he takes them down from the pedestal and, via scanning, makes them accessible for subsequent use. Klimpel quoted Laric as saying: “I see no need to produce new images myself. Everything I need already exists. It’s simply a matter of finding it.”

In his lecture, Klimpel clearly distinguished between copyright-protected works and those in the public domain: In the case of copyright-protected works, the copyright holder’s consent is required for faithful reproductions. Public domain works, on the other hand, are not protected by copyright. Here, the issue often concerns access to the works and the question of whether, for example, museums may prohibit photography or scanning under their domestic authority, or whether owners may prohibit the photographing of a building. In such cases, existing images can be used for reproduction, explained Paul Klimpel. Finally, he addressed the question of under what conditions reproductions created by 3D scans are themselves subject to copyright.

Prof. Dr. Paul Klimpel is a lawyer and partner at the law firm iRights.Law in Berlin. He heads the conference series “Zugang gestalten! Mehr Verantwortung für das kulturelle Erbe” (“Shaping Access! Greater Responsibility for Cultural Heritage”) and is an honorary professor at Goethe University Frankfurt am Main.

An essay on the subject of the Fellow Lecture was published in 2023: Paul Klimpel (2023): “3D Scans and the Law”, in: Mémoire vive. Oliver Laric, exhibition catalogue, Musée de la Romanité, Nîmes, pp. 99–107 (German version available on the iRights.Law website).

As part of the conference “Zugang gestalten! Mehr Verantwortung für das kulturelle Erbe” (4 to 6 October 2023), hosted by the Centre for Advanced Study, Oliver Laric provided an insight into his online archive of copyright-free 3D scans, launched in 2012, in an artist talk entitled “Art – Culture – Copy”. As part of the conference, his sculpture “Reclining Pan” was also exhibited at the University of Münster’s Archaeological Museum.

Further information on “Zugang gestalten! Mehr Verantwortung für das kulturelle Erbe” 2023

Further information on the special exhibition “Oliver Laric: Reclining Pan”