[HN Gopher] The Berlin Egyptian Museum's scan of the Bust of Nef...
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       The Berlin Egyptian Museum's scan of the Bust of Nefertiti (2017)
        
       Author : Tomte
       Score  : 105 points
       Date   : 2022-12-24 16:58 UTC (6 hours ago)
        
 (HTM) web link (reason.com)
 (TXT) w3m dump (reason.com)
        
       | Daub wrote:
       | I have published a book which required many photos of famous
       | paintings. The paintings themselves were no longer covered by
       | copyright, but the photos of the paintings were. In the end I had
       | to swop out half of them for cc images, in some cases of
       | different paintings.
        
       | RugnirViking wrote:
       | fantastic work. Wishing the best of success with the author's
       | investigations into other museums as well.
        
       | hrnnnnnn wrote:
       | If you want to see lots of freely available scanned artifacts,
       | check out scan the world.
       | 
       | https://www.myminifactory.com/scantheworld/full-collection
        
       | newaccount74 wrote:
       | I have some experience with bringing museum exhibits online, and
       | unfortunately this experience is total standard.
       | 
       | Museums think they own their artefacts, and they want to control
       | who gets to "publish" them. Typically museums have a few
       | archaeologists that they have close ties with who get the
       | privilege of publishing stuff. If some random person comes along,
       | god forbid from abroad, they will try everything to stop you from
       | getting access to their collection.
       | 
       | They often don't even have time to publish their stuff, so many
       | museums have unpublished objects in storage that noone knows
       | about and they more or less keep secret because they want to
       | decide who gets to publish them.
       | 
       | This fiefdom affects big and small museums alike.
       | 
       | One tactic that occasionally works is to get some important
       | institution or some well connected professor to contact the
       | director of the museum and sweet-talk to them to give you access.
        
         | Giorgi wrote:
         | aka nepotism
        
         | mod50ack wrote:
         | Yep, I work in this area and museums/libraries often believe
         | that they have the right to prevent you from using the creative
         | works whose originals they physically hold. This is usually not
         | the case. And in the vast majority of countries, digitizations
         | of at least 2D works aren't able to be copyrighted.
        
           | newaccount74 wrote:
           | Exactly. You can go into a museum, take a photo, and do with
           | it whatever you want, legally, even though the museum usually
           | claims that you need their permission to publish it.
           | 
           | The problem is of course that you can't take photos of stuff
           | that isn't exhibited, so you need to get their permission to
           | check out the stuff in the basement.
        
           | kmeisthax wrote:
           | Europe actually does have a few countries that claim that
           | photographing or digitizing a public domain work recopyrights
           | it. They also have neighboring rights and database rights
           | regimes on top of that.
           | 
           | If you wanna know more, you should look at the one time the
           | National Portrait Gallery threatened to sue Wikimedia[0] for
           | having an archive of uncopyrighted material. It went nowhere
           | - primarily because the US has soundly and firmly rejected
           | the nonsense that "sweat of the brow" creates copyright.
           | Hell, even the EU doesn't think you can recopyright public
           | domain works this way. But the UK-hosted NPG is still
           | asserting primacy of UK law over the whole Internet to this
           | day.
           | 
           | [0] https://en.wikipedia.org/wiki/National_Portrait_Gallery_a
           | nd_...
        
         | lordfrito wrote:
         | Interesting.
         | 
         | This jibes with stories my father told me about how he and his
         | brothers found Indian burial sites and other Indian artifacts
         | in upstate New York when he was a kid/teen. He must have found
         | thousands of arrowheads over the years (tilled farmland brought
         | them to the surface). I found a few walking the fields with him
         | as a kid myself.
         | 
         | Anyhow he said the burial site was a major find and they knew
         | it, and so they contacted the museum of Rochester or something,
         | which came in much took ownership of everything, including all
         | credit for the discovery, then hid the artifacts away, etc. He
         | didn't have anything nice to say about his dealings with them,
         | the experience majorly disappointed him, as he believed this
         | stuff was meant for the public consumption but in the end was
         | just hidden away.
        
       | teddyh wrote:
       | I remember this. Before the files were released, I seem to recall
       | that there were some people who surreptitiously got some scanning
       | equipment into the museum and scanned the artifact without
       | permission, and published the result:
       | 
       | magnet:?xt=urn:btih:d86dc5d56479a89074af1c3365a3b7d3d1404fb2&dn=N
       | efertitiHack3D.stl
        
         | polygamous_bat wrote:
         | Apparently, the author of this article believes that story was
         | a hoax, source [0]. Reading his arguments, I am also inclined
         | to believe the same.
         | 
         | [0] https://cosmowenman.com/2016/03/08/the-nefertiti-3d-scan-
         | hei...
        
       | polygamous_bat wrote:
       | I had a chance to go through the author's website [0], and it's
       | quite the pleasure! I've always been bit of a historical art
       | nerd, so to know that I can have my own little 3d scans of such
       | amazing pieces of history gives me immense joy.
       | 
       | On other news, now that 3D scanning is becoming pretty
       | commonplace with the iPhone pro LiDAR and apps like [1] or [2], I
       | wonder how long such protests by museums will last before they
       | have to relent as 3d scanning becomes as commonplace as taking
       | pictures of artwork in the museums.
       | 
       | [0] https://cosmowenman.com/ [1] https://hege.sh/ [2]
       | https://record3d.app/
        
       | RjQoLCOSwiIKfpm wrote:
       | Is there any statement of the museum which explains *why* they
       | were being this obnoxious?
        
         | fxtentacle wrote:
         | Before it was already freely available, but only for research
         | and non-commercial use.
        
           | rippercushions wrote:
           | "Freely available" in the bottom of a locked filing cabinet
           | stuck in a disused lavatory with a sign on the door saying
           | 'Beware of the Leopard, I presume.
        
         | RjQoLCOSwiIKfpm wrote:
         | Found one, unfortunately it's in German only:
         | 
         | https://www.preussischer-kulturbesitz.de/en/news-detail/arti...
        
           | Tomte wrote:
           | Two arguments:
           | 
           | We never intended the scanned data to be a "product", but
           | simply created it as an intermediate step in the masking
           | process.
           | 
           | Also, the taxpayer expects us to alleviate his burden by
           | trying to make at least some money, and the FOIA requestor
           | declined to promise non-commercial use.
        
             | hutzlibu wrote:
             | "the taxpayer expects us to alleviate his burden by trying
             | to make at least some money, and the FOIA requestor
             | declined to promise non-commercial use. "
             | 
             | Yes and the taxpayers will be happy, that they hired one of
             | the most expensive law firms, to protect their amazing 5000
             | euro revenue.
             | 
             | "SPK confirmed it had earned less than 5,000 euro, total,
             | from marketing the Nefertiti scan, or any other scan for
             | that matter"
             | 
             | "Instead, SPK made arrangements for me to inspect the scan
             | at the Los Angeles office of the law firm WilmerHale, one
             | of the most expensive, well-connected law firms in the
             | world."
        
               | ChoGGi wrote:
               | I wonder if a FOIA would show the lawyers cost more than
               | the revenue?
        
       | aaron695 wrote:
       | [dead]
        
       | Anonboxis wrote:
       | This is great! Has it been uploaded to Wikimedia Commons yet?
        
         | rippercushions wrote:
         | Commons does not permit works that have the NC restriction.
        
           | mod50ack wrote:
           | Commons does, however, allow scans of 2D public domain works
           | that have "scarecrow" copyright claims in light of Bridgeman
           | v. Corel (which ruled that such scans/photos can have no
           | copyright in the US due to a lack of original creative
           | content).
           | 
           | Commons doesn't accept 2D photos of 3D works because these
           | photos' lighting, positioning, etc. choices can give them
           | original creative content. But a 3D scan isn't likely to
           | contain such creative choices. It may be annoying to make
           | one, but the US does not have "sweat of the brow" copyright.
        
             | rippercushions wrote:
             | The Nefertiti Bust is a 3D work, and as you can see
             | yourself, its scans are not available on Commons:
             | 
             | https://commons.wikimedia.org/wiki/Category:Nefertiti_Bust
             | 
             | To be clear, I think the copyright claims are bullshit and
             | it totally _should_ be there, but Commons is very, very
             | conservative in what it allows.
        
       | toomuchtodo wrote:
       | Previous:
       | 
       | https://news.ycombinator.com/item?id=26935781
       | 
       | https://news.ycombinator.com/item?id=21558805
       | 
       | 3D stl model @ Archive.org:
       | https://archive.org/details/NefertitiHack3D
        
         | dang wrote:
         | Thanks! Macroexpanded:
         | 
         |  _What the "Nefertiti Hack" Tells Us About Digital Colonialism_
         | - https://news.ycombinator.com/item?id=28978089 - Oct 2021 (2
         | comments)
         | 
         |  _A Museum Tried to Hide This 3D Scan of an Iconic Egyptian
         | Artifact. (2019)_ -
         | https://news.ycombinator.com/item?id=26935781 - April 2021 (4
         | comments)
         | 
         |  _The Neues Museum claims copyright over 3D-printing files of
         | the Nefertiti bust_ -
         | https://news.ycombinator.com/item?id=21670786 - Nov 2019 (92
         | comments)
         | 
         |  _Official scan of Bust of Nefertiti released after three years
         | of stonewalling_ -
         | https://news.ycombinator.com/item?id=21558805 - Nov 2019 (13
         | comments)
         | 
         |  _The Making of Nefertiti 1kb (2018)_ -
         | https://news.ycombinator.com/item?id=18869904 - Jan 2019 (20
         | comments)
         | 
         |  _There's Something Fishy About the Other Nefertiti_ -
         | https://news.ycombinator.com/item?id=11238921 - March 2016 (91
         | comments)
         | 
         |  _Artists Covertly Scan Bust of Nefertiti and Release the Data
         | for Free Online_ -
         | https://news.ycombinator.com/item?id=11141840 - Feb 2016 (84
         | comments)
        
           | toomuchtodo wrote:
           | Feel free to delete my comment you replied to (with yours
           | superseding it) as well as this one, and take the archive org
           | link for your own comment if desired. Merry Christmas! Thank
           | you!
        
       | the_gipsy wrote:
       | I remember trying to photograph the real bust (no flash of
       | course) and a guard stepping in the way telling me it's
       | prohibited.
        
         | Daub wrote:
         | I was once forbidden to even draw in an art museum. I thought
         | it was some mistake, an over zealous interpretation of the law.
         | But the museum director herself confirmed it. Still can't
         | believe it.
        
         | jbgreer wrote:
         | That's funny: I remember seeing it in the mid-to-late 90s and
         | being amazed at how lax the security was. I took several pics
         | and walked all around it.
        
         | meibo wrote:
         | When was this, I wonder? I definitely was able to take pictures
         | when I visited in 2019.
         | 
         | Might depend on the person watching it, as museums tend to
         | go... I witnessed someone nearly being ejected from the vatican
         | museum recently, when they were visibly but not disrespectfully
         | amused about a painting that was clearly made to elicit that
         | response. Another person tried to take a picture and had to
         | give their phone to the guard, who then proceeded to delete it
         | and check if they took any others. I would've loved to watch
         | that room for a while longer to see what else that guy was up
         | to.
        
       | dmitrygr wrote:
       | Where is the jail time for the apparatchiks who perpetrated this
       | nonsense on the side of the museum?!
        
       | pjlegato wrote:
       | In the United States, there is case law[1] establishing that an
       | exact replica of artwork that is itself in public domain is not
       | eligible for copyright protection, because "originality" is a
       | necessary element for copyright protection to exist. Works that
       | lack any originality are therefore public domain even if they
       | require effort or technical skill to produce, such as
       | photographing a public domain painting, or presumably scanning a
       | public domain bust.
       | 
       | Is there any similar law or regulation in Germany?
       | 
       | [1]
       | https://en.wikipedia.org/wiki/Bridgeman_Art_Library_v._Corel....
        
         | rtkwe wrote:
         | Ah but you see it's not an exact replica they carved a
         | copyright notice and their name on the bottom! Clearly that
         | qualifies it for the copyright notice itself.
        
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       (page generated 2022-12-24 23:01 UTC)