Knowledge Base
Find answers to frequently asked questions about our services, products, and processes.
Can you legally copyright or trademark a 3D scan of an existing physical building or property?
This is a complex and evolving area of intellectual property law. The 3D scan itself (as a creative digital work) may receive copyright protection, but scanning someone else's architecturally protected building raises questions about derivative works. The concept of "physibles" — digital datasets that can reproduce physical objects — challenges traditional copyright boundaries. Legal guidance varies significantly by jurisdiction; consult an IP attorney for specific situations.
Do I need explicit written consent from a tenant to publish a 360 virtual tour of their apartment?
In most jurisdictions, yes — especially if personal belongings are visible. Even where not explicitly required by law, best practice and risk mitigation strongly favor obtaining written consent before scanning occupied spaces. Some states and countries have specific statutes covering interior photography of occupied residences. Landlords should include virtual tour consent clauses in lease agreements and provide tenants advance notice to secure personal items.
What are the EU Copyright Directive Article 14 rules regarding 3D scanning modern architecture?
EU Copyright Directive Article 14 generally permits reproductions of works of visual arts in the public domain. However, modern architecture (still under copyright) is more complex. Many EU member states have a "freedom of panorama" exception allowing photography of buildings permanently located in public places, but 3D scanning creates a much more detailed reproduction than traditional photography. The legal distinction between a photo and a complete 3D digital twin of a protected building remains largely untested in court.