The Nefertiti bust, created in 1345 B.C., is the most famous work in the collection of Berlin’s Neues Museum. The museum has long banned its visitors from taking any kinds of photographs of the bust, but recently, artist and 3D scanning expert Cosmo Wenman announced that the museum has sent him a flash drive containing full-color scans of the famous artifact, and published these scans online for free download.
It took Wenman three years of legal battle to achieve the access of the data. In 2016, a digital replica of the bust was published to the world. While the Neues claimed that it was made by two artists who smuggled an entire 3D scanning rig under trenchcoat into the museum, the art world didn’t really buy the story, as the digital scan was simply of too high a quality. A leak rather than heist, they believed. Wenman further submitted a request citing German freedom of information laws that apply to state-funded institutions including the Neues. Although the museum first offered him the chance to view the scans under supervision, but they eventually collapsed and gave Wenman the high-resolutions, full-color scans.
“It’s very difficult to find anyone who is able to actually articulate a coherent reason for keeping this kind of data away from the public,” Wenman tells artnet News. “I believe their policy is informed by fear of loss of control, fear of the unknown, and, worse, a lack of imagination.”
However, the scans are not the perfect replica of the bust - the Neues etched a digital copyright license into the bottom of the bust, claiming the authority to restrict how people might use the file. It used a Creative Commons Attribution, NonCommercial, Share-Alike license, requiring people to give the museum attribution, not use it for commercial purposes and allow other people to make use of your version. Failure to comply with these requirements would mean infringement on the museum’s copyright - a copyright in the scan of a 3,000-year-old sculpture created 3,000 miles away.
According to Michael Weinberg, executive director of the NYU School of Law’s Engelberg Center on Innovation Law & Policy, although EU copyright law does not make clear about the status of 3D scans of public domain works, it clarifies that digital versions of public domain works cannot be protected by copyright. The Neues’ etching is practically meaningless, but even though Weinberg is afraid that the message could discourage those who would use the 3D scans in classroom and art creation, and prevent people from holding the piece in a virtual reality world.
What’s more, such restrictions are against the entire mission of museums, which should maintain and share cultural heritage to make sure people have access to our collective history. The incident also triggers debate on how museums should handle digital artifacts - while many museums create three-dimensional scans of their artifacts, only some have made the scans available to the public.
Source | Slate, Smithsonian
Author | Michael Weinberg, Theresa Machemer
Editor | Lu Yufan
CAFA Art Museum Publication Authorization Agreement
I fully agree to CAFA Art Museum (CAFAM) submitting to CAFA for publication the images, pictures, texts, writings, and event products (such as works created during participation in workshops) related to me from my participation in public events (including museum member events) organized by the CAFA Art Museum Public Education Department. CAFA can publish these materials by electronic, web, or other digital means, and I hereby agree to be included in the China Knowledge Resource Bank, the CAFA Database, the CAFA Art Museum Database, and related data, documentation, and filing institutions and platforms. Regarding their use in CAFA and dissemination on the internet, I agree to make use of these rights according to the stated Rules.
CAFA Art Museum Event Safety Disclaimer
Article I
This event was organized on the principles of fairness, impartiality, and voluntary participation and withdrawal. Participants undertake all risk and liability for themselves. All events have risks, and participants must be aware of the risks related to their chosen event.
Article II
Event participants must abide by the laws and regulations of the People’s Republic of China, as well as moral and ethical norms. All participants must demonstrate good character, respect for others, friendship, and a willingness to help others.
Article III
Event participants should be adults (people 18 years or older with full civil legal capacity). Underage persons must be accompanied by an adult.
Article IV
Event participants undertake all liability for their personal safety during the event, and event participants are encouraged to purchase personal safety insurance. Should an accident occur during an event, persons not involved in the accident and the museum do not undertake any liability for the accident, but both have the obligation to provide assistance. Event participants should actively organize and implement rescue efforts, but do not undertake any legal or economic liability for the accident itself. The museum does not undertake civil or joint liability for the personal safety of event participants.
Article V
During the event, event participants should respect the order of the museum event and ensure the safety of the museum site, the artworks in displays, exhibitions, and collections, and the derived products. If an event causes any degree of loss or damage to the museum site, space, artworks, or derived products due to an individual, persons not involved in the accident and the museum do not undertake any liability for losses. The event participant must negotiate and provide compensation according to the relevant legal statutes and museum rules. The museum may sue for legal and financial liability.
Article VI
Event participants will participate in the event under the guidance of museum staff and event leaders or instructors and must correctly use the painting tools, materials, equipment, and/or facilities provided for the event. If a participant causes injury or harm to him/herself or others while using the painting tools, materials, equipment, and/or facilities, or causes the damage or destruction of the tools, materials, equipment, and/or facilities, the event participant must undertake all related liability and provide compensation for the financial losses. Persons not involved in the accident and the museum do not undertake any liability for personal accidents.
CAFA Art Museum Portraiture Rights Licensing Agreement
According to The Advertising Law of the People’s Republic of China, The General Principles of the Civil Law of the People’s Republic of China, and The Provisional Opinions of the Supreme People’s Court on Some Issues Related to the Full Implementation of the General Principles of the Civil Law of the People’s Republic of China, and upon friendly negotiation, Party A and Party B have arrived at the following agreement regarding the use of works bearing Party A’s image in order to clarify the rights and obligations of the portrait licenser (Party A) and the user (Party B):
I. General Provisions
(1) Party A is the portraiture rights holder in this agreement. Party A voluntarily licenses its portraiture rights to Party B for the purposes stipulated in this agreement and permitted by law.
(2) Party B (CAFA Art Museum) is a specialized, international modern art museum. CAFA Art Museum keeps pace with the times, and works to create an open, free, and academic space and atmosphere for positive interaction with groups, corporations, institutions, artists, and visitors. With CAFA’s academic research as a foundation, the museum plans multi-disciplinary exhibitions, conferences, and public education events with participants from around the world, providing a platform for exchange, learning, and exhibition for CAFA’s students and instructors, artists from around the world, and the general public. As a public institution, the primary purposes of CAFA Art Museum’s public education events are academic and beneficial to society.
(3) Party B will photograph all CAFA Public Education Department events for Party A.
II. Content, Forms of Use, and Geographical Scope of Use
(1) Content. The content of images taken by Party B bearing Party A’s likeness include: ① CAFA Art Museum ② CAFA campus ③ All events planned or executed by the CAFAM Public Education Department.
(2) Forms of Use. For use in CAFA’s publications, products with CDs, and promotional materials.
(3) Geographical Scope of Use
The applicable geographic scope is global.
The media in which the portraiture may be used encompasses any media that does not infringe upon Party A’s portraiture rights (e.g., magazines and the internet).
III. Term of Portraiture Rights Use
Use in perpetuity.
IV. Licensing Fees
The fees for images bearing Party A’s likeness will be undertaken by Party B.
After completion, Party B does not need to pay any fees to Party A for images bearing Party A’s likeness.
Additional Terms
(1) All matters not discussed in this agreement shall be resolved through friendly negotiation between both parties. Both parties may then sign a supplementary agreement, provided it does not violate any laws or regulations.
(2) This agreement comes into effect on the date that it is signed (sealed) and the relevant boxes are selected by Party A and Party B.
(3) This agreement exists in paper and electronic forms. The paper form is made in duplicate, with Party A and Party B each retaining one copy with the same legal efficacy.
Event participants implicitly accept and undertake all the obligations stated in this agreement. Those who do not consent will be seen as abandoning the right to participate in this event. Before participating in this event, please speak to your family members to obtain their consent and inform them of this disclaimer. After participants sign/check the required box, participants and their families will be seen as having read and agreed to these terms.
I have carefully read and agree to the above provisions.
CAFA Art Museum Publication Authorization Agreement
I fully agree to CAFA Art Museum (CAFAM) submitting to CAFA for publication the images, pictures, texts, writings, and event products (such as works created during participation in workshops) related to me from my participation in public events (including museum member events) organized by the CAFA Art Museum Public Education Department. CAFA can publish these materials by electronic, web, or other digital means, and I hereby agree to be included in the China Knowledge Resource Bank, the CAFA Database, the CAFA Art Museum Database, and related data, documentation, and filing institutions and platforms. Regarding their use in CAFA and dissemination on the internet, I agree to make use of these rights according to the stated Rules.
CAFA Art Museum Event Safety Disclaimer
Article I
This event was organized on the principles of fairness, impartiality, and voluntary participation and withdrawal. Participants undertake all risk and liability for themselves. All events have risks, and participants must be aware of the risks related to their chosen event.
Article II
Event participants must abide by the laws and regulations of the People’s Republic of China, as well as moral and ethical norms. All participants must demonstrate good character, respect for others, friendship, and a willingness to help others.
Article III
Event participants should be adults (people 18 years or older with full civil legal capacity). Underage persons must be accompanied by an adult.
Article IV
Event participants undertake all liability for their personal safety during the event, and event participants are encouraged to purchase personal safety insurance. Should an accident occur during an event, persons not involved in the accident and the museum do not undertake any liability for the accident, but both have the obligation to provide assistance. Event participants should actively organize and implement rescue efforts, but do not undertake any legal or economic liability for the accident itself. The museum does not undertake civil or joint liability for the personal safety of event participants.
Article V
During the event, event participants should respect the order of the museum event and ensure the safety of the museum site, the artworks in displays, exhibitions, and collections, and the derived products. If an event causes any degree of loss or damage to the museum site, space, artworks, or derived products due to an individual, persons not involved in the accident and the museum do not undertake any liability for losses. The event participant must negotiate and provide compensation according to the relevant legal statutes and museum rules. The museum may sue for legal and financial liability.
Article VI
Event participants will participate in the event under the guidance of museum staff and event leaders or instructors and must correctly use the painting tools, materials, equipment, and/or facilities provided for the event. If a participant causes injury or harm to him/herself or others while using the painting tools, materials, equipment, and/or facilities, or causes the damage or destruction of the tools, materials, equipment, and/or facilities, the event participant must undertake all related liability and provide compensation for the financial losses. Persons not involved in the accident and the museum do not undertake any liability for personal accidents.
CAFA Art Museum Portraiture Rights Licensing Agreement
According to The Advertising Law of the People’s Republic of China, The General Principles of the Civil Law of the People’s Republic of China, and The Provisional Opinions of the Supreme People’s Court on Some Issues Related to the Full Implementation of the General Principles of the Civil Law of the People’s Republic of China, and upon friendly negotiation, Party A and Party B have arrived at the following agreement regarding the use of works bearing Party A’s image in order to clarify the rights and obligations of the portrait licenser (Party A) and the user (Party B):
I. General Provisions
(1) Party A is the portraiture rights holder in this agreement. Party A voluntarily licenses its portraiture rights to Party B for the purposes stipulated in this agreement and permitted by law.
(2) Party B (CAFA Art Museum) is a specialized, international modern art museum. CAFA Art Museum keeps pace with the times, and works to create an open, free, and academic space and atmosphere for positive interaction with groups, corporations, institutions, artists, and visitors. With CAFA’s academic research as a foundation, the museum plans multi-disciplinary exhibitions, conferences, and public education events with participants from around the world, providing a platform for exchange, learning, and exhibition for CAFA’s students and instructors, artists from around the world, and the general public. As a public institution, the primary purposes of CAFA Art Museum’s public education events are academic and beneficial to society.
(3) Party B will photograph all CAFA Public Education Department events for Party A.
II. Content, Forms of Use, and Geographical Scope of Use
(1) Content. The content of images taken by Party B bearing Party A’s likeness include: ① CAFA Art Museum ② CAFA campus ③ All events planned or executed by the CAFAM Public Education Department.
(2) Forms of Use. For use in CAFA’s publications, products with CDs, and promotional materials.
(3) Geographical Scope of Use
The applicable geographic scope is global.
The media in which the portraiture may be used encompasses any media that does not infringe upon Party A’s portraiture rights (e.g., magazines and the internet).
III. Term of Portraiture Rights Use
Use in perpetuity.
IV. Licensing Fees
The fees for images bearing Party A’s likeness will be undertaken by Party B.
After completion, Party B does not need to pay any fees to Party A for images bearing Party A’s likeness.
Additional Terms
(1) All matters not discussed in this agreement shall be resolved through friendly negotiation between both parties. Both parties may then sign a supplementary agreement, provided it does not violate any laws or regulations.
(2) This agreement comes into effect on the date that it is signed (sealed) and the relevant boxes are selected by Party A and Party B.
(3) This agreement exists in paper and electronic forms. The paper form is made in duplicate, with Party A and Party B each retaining one copy with the same legal efficacy.
Event participants implicitly accept and undertake all the obligations stated in this agreement. Those who do not consent will be seen as abandoning the right to participate in this event. Before participating in this event, please speak to your family members to obtain their consent and inform them of this disclaimer. After participants sign/check the required box, participants and their families will be seen as having read and agreed to these terms.
I have carefully read and agree to the above provisions.
CAFA Art Museum Publication Authorization Agreement
I fully agree to CAFA Art Museum (CAFAM) submitting to CAFA for publication the images, pictures, texts, writings, and event products (such as works created during participation in workshops) related to me from my participation in public events (including museum member events) organized by the CAFA Art Museum Public Education Department. CAFA can publish these materials by electronic, web, or other digital means, and I hereby agree to be included in the China Knowledge Resource Bank, the CAFA Database, the CAFA Art Museum Database, and related data, documentation, and filing institutions and platforms. Regarding their use in CAFA and dissemination on the internet, I agree to make use of these rights according to the stated Rules.
CAFA Art Museum Event Safety Disclaimer
Article I
This event was organized on the principles of fairness, impartiality, and voluntary participation and withdrawal. Participants undertake all risk and liability for themselves. All events have risks, and participants must be aware of the risks related to their chosen event.
Article II
Event participants must abide by the laws and regulations of the People’s Republic of China, as well as moral and ethical norms. All participants must demonstrate good character, respect for others, friendship, and a willingness to help others.
Article III
Event participants should be adults (people 18 years or older with full civil legal capacity). Underage persons must be accompanied by an adult.
Article IV
Event participants undertake all liability for their personal safety during the event, and event participants are encouraged to purchase personal safety insurance. Should an accident occur during an event, persons not involved in the accident and the museum do not undertake any liability for the accident, but both have the obligation to provide assistance. Event participants should actively organize and implement rescue efforts, but do not undertake any legal or economic liability for the accident itself. The museum does not undertake civil or joint liability for the personal safety of event participants.
Article V
During the event, event participants should respect the order of the museum event and ensure the safety of the museum site, the artworks in displays, exhibitions, and collections, and the derived products. If an event causes any degree of loss or damage to the museum site, space, artworks, or derived products due to an individual, persons not involved in the accident and the museum do not undertake any liability for losses. The event participant must negotiate and provide compensation according to the relevant legal statutes and museum rules. The museum may sue for legal and financial liability.
Article VI
Event participants will participate in the event under the guidance of museum staff and event leaders or instructors and must correctly use the painting tools, materials, equipment, and/or facilities provided for the event. If a participant causes injury or harm to him/herself or others while using the painting tools, materials, equipment, and/or facilities, or causes the damage or destruction of the tools, materials, equipment, and/or facilities, the event participant must undertake all related liability and provide compensation for the financial losses. Persons not involved in the accident and the museum do not undertake any liability for personal accidents.
CAFA Art Museum Portraiture Rights Licensing Agreement
According to The Advertising Law of the People’s Republic of China, The General Principles of the Civil Law of the People’s Republic of China, and The Provisional Opinions of the Supreme People’s Court on Some Issues Related to the Full Implementation of the General Principles of the Civil Law of the People’s Republic of China, and upon friendly negotiation, Party A and Party B have arrived at the following agreement regarding the use of works bearing Party A’s image in order to clarify the rights and obligations of the portrait licenser (Party A) and the user (Party B):
I. General Provisions
(1) Party A is the portraiture rights holder in this agreement. Party A voluntarily licenses its portraiture rights to Party B for the purposes stipulated in this agreement and permitted by law.
(2) Party B (CAFA Art Museum) is a specialized, international modern art museum. CAFA Art Museum keeps pace with the times, and works to create an open, free, and academic space and atmosphere for positive interaction with groups, corporations, institutions, artists, and visitors. With CAFA’s academic research as a foundation, the museum plans multi-disciplinary exhibitions, conferences, and public education events with participants from around the world, providing a platform for exchange, learning, and exhibition for CAFA’s students and instructors, artists from around the world, and the general public. As a public institution, the primary purposes of CAFA Art Museum’s public education events are academic and beneficial to society.
(3) Party B will photograph all CAFA Public Education Department events for Party A.
II. Content, Forms of Use, and Geographical Scope of Use
(1) Content. The content of images taken by Party B bearing Party A’s likeness include: ① CAFA Art Museum ② CAFA campus ③ All events planned or executed by the CAFAM Public Education Department.
(2) Forms of Use. For use in CAFA’s publications, products with CDs, and promotional materials.
(3) Geographical Scope of Use
The applicable geographic scope is global.
The media in which the portraiture may be used encompasses any media that does not infringe upon Party A’s portraiture rights (e.g., magazines and the internet).
III. Term of Portraiture Rights Use
Use in perpetuity.
IV. Licensing Fees
The fees for images bearing Party A’s likeness will be undertaken by Party B.
After completion, Party B does not need to pay any fees to Party A for images bearing Party A’s likeness.
Additional Terms
(1) All matters not discussed in this agreement shall be resolved through friendly negotiation between both parties. Both parties may then sign a supplementary agreement, provided it does not violate any laws or regulations.
(2) This agreement comes into effect on the date that it is signed (sealed) and the relevant boxes are selected by Party A and Party B.
(3) This agreement exists in paper and electronic forms. The paper form is made in duplicate, with Party A and Party B each retaining one copy with the same legal efficacy.
Event participants implicitly accept and undertake all the obligations stated in this agreement. Those who do not consent will be seen as abandoning the right to participate in this event. Before participating in this event, please speak to your family members to obtain their consent and inform them of this disclaimer. After participants sign/check the required box, participants and their families will be seen as having read and agreed to these terms.
I have carefully read and agree to the above provisions.
