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Copyright and Its Implications for 3D Created Datasets for Cultural Heritage Institutions

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Digital Rights Management Systems (DRMs) related control mechanism, which are analogous to and augment the exclusive rights, have been the subject of debate since the early 1980s. DRMs, which function like an electronic security guard that ‘never leaves its post, never takes a break and never sleeps,1 can invade the privacy of individuals, prevent competition and/or control access to a work that is not or is no longer copyright protected. Hyperlinks are citations of an electronic address, but when clicked they navigate the user to the source of further information, including codes circumventing DRMs. This article accepts that the excesses of DRMs can outreach copyright and/or contract law, but argues that DRMs provide an opportunity for innovative business models, which can both protect digital works and promote free use of hyperlinks. Part 1 outlines the background and legislative provisions related to DRMs. It contrasts the WIPO Copyright Treaty (WCT) 1996,2 Articles 11 and 12, with corresponding provisions found in the implementing legislation of the US Digital Millennium Copyright Act (DMCA) 1998,3 and the EU Copyright Directive (EUCD) 2001.4 It also examines the intellectual property aspects of the Trans-Pacific Partnership (TPP) and Europe's Anti-counterfeiting Trade Agreement (ACTA).5 Part 2 debates opposing academic opinion and comments on case law relating to DRMs, including the use of hyperlinks as a way of trafficking circumvention technology and/or facilitating unauthorised access to a copyright work. It assesses the extent to which DRMs might inhibits the development of new products, prevents competition, or invades the privacy of individuals, and points to the opportunities a consumer group-rightholder negotiated model end user licence can offer. Part 3 concludes that DRMs bolsters the clutches of the rightholder, but reduce unauthorised access to information thus minimising revenue loss, which can make hyperlinked ‘consumer’ access to information ‘affordable,’ or even free.
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There is an increasing need for methods for secure dissemination of interactive 3D graphics content, providing protection for valuable 3D models while still allowing them to be widely shared. Existing systems for protected sharing of 3D models may introduce pertur- bations into the rendered images of the content, in order to defend against potential malicious reconstruction attacks that could other- wise recover the D model shape. However, the particular nature and magnitude of these perturbation defenses has not been based upon any rigorous analysis or measurement of their perceptual ef- fect on non-malicious users of the protected graphics system. In this paper, we take the first steps toward such an analysis, conducting a series of user studies that evaluate the impact (as measured by user reaction time) of varying amounts of noise applied to user interac- tions in a real-time 3D rendering system. We are thus able to exper- imentally determine the most appropriate tradeoffs between noise perturbation defenses and the security of the 3D content against typical reconstruction attacks.
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The digital rights management problem of protecting data from theft and misuse has been addressed for many information types, including software code, digital images, and audio files. Few technological solutions are designed specifically to protect interactive 3D graphics content.Demand for ways to protect 3D graphical models is significant and growing. Contemporary 3D digitization technologies allow the efficient creation of accurate 3D models of many physical objects. For example, our Stanford Digital Michelangelo Project [3] has developed a high-resolution digital archive of 10 of Michelangelo's large statues, including the David (see the sidebar "Generating a Replica of Michelangelo's David"). These statues represent the artistic patrimony of Italy's cultural institutions, and our contract with the Italian authorities permits distribution of the 3D models only to established scholars for noncommercial use. Though everyone involved would like the models to be available for any constructive purpose, the digital D model of the David would quickly be pirated if it were distributed without protection; simulated marble replicas would be manufactured outside the provisions of the parties authorizing creation of the model.
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