ORIGINAL RESEARCH published: 19 April 2022 doi: 10.3389/feart.2022.874736 Museum Exhibitions of Fossil Specimens Into Commercial Products: Unexpected Outflow of 3D Models due to Unwritten Image Policies Kumiko Matsui 1,2 and Yuri Kimura 3,4* 1 Department of Paleobiology, National Museum of Natural History, Smithsonian Institution, Washington D.C., DC, United States, 2 The Kyushu University Museum, Kyushu University, Fukuoka, Japan, 3Department of Geology and Paleontology, National Museum of Nature and Science, Tsukuba, Japan, 4Institut Català de Paleontologia Miquel Crusafont, Campus de la Universitat Autònoma de Barcelona, Barcelona, Spain Recent innovations and cost reductions in photogrammetry-based 3D modeling have enabled museum visitors to create 3D models based on photographs exhibited in galleries Edited by: without breaking museum policies. While several museums make 3D museum data Stefano Dominici, available on sharing platforms, museum visitors publish unofficial 3D data belonging to University of Florence, Italy museum exhibits using a photogrammetry-based approach. This study shows that Reviewed by: photogrammetry-based 3D models can be generated without breaking conventional Viola Winkler, Natural History Museum Vienna, photo policies (i.e., no use of flash and tripods) and that museum visitors can create Austria commercial products based on these models. 3D models certainly enhance scientific value Terry A. Gates, North Carolina State University, and promote broader and deeper interests in the natural sciences; however, the rights of United States owners of museum pieces are ambiguous with regard to the dissemination of unofficial Mairin Balisi, data. This also makes information attributable to the original specimen unclear, which can Natural History Museum of Los Angeles County, United States potentially lead to revenue loss. We propose a set of best practices for museum photo *Correspondence: policies covering the data use of visitor-generated 3D models of displayed objects. Yuri Kimura ykimura@kahaku.go.jp Keywords: photography, photogrammetry, 3D model, museum exhibition, fossil-replica, photo policy, museum policy Specialty section: This article was submitted to INTRODUCTION Paleontology, a section of the journal Actual scale replicas of original fossils have greatly contributed to research and museum exhibitions Frontiers in Earth Science in paleontology and other disciplines. Conventional techniques of duplication have supplemented Received: 12 February 2022 paleontological research—especially for original fossils, which are not easily accessible or have strict Accepted: 29 March 2022 regulations on use and export—as choosing appropriate molding compounds and casting materials Published: 19 April 2022 can enhance the precision of fossil replicas. Citation: The benefits of molding and casting are clearly visible to the public in museum exhibitions. Many Matsui K and Kimura Y (2022) Museum of us must have seen the casts of a complete Tyrannosaurus rex skeleton displayed in museums. Exhibitions of Fossil Specimens Into Museum visitors can appreciate the scientific background of ancient organisms through fossil Commercial Products: Unexpected Outflow of 3D Models due to Unwritten replicas of original specimens otherwise stored in collection rooms. Additionally, conventional Image Policies. duplication techniques (i.e., molding and casting) have shown great potential for innovative Front. Earth Sci. 10:874736. exhibition styles such as hanging casts of ceratopsian dinosaurs on a wall in the Natural History doi: 10.3389/feart.2022.874736 Museum of Utah (Figure 1A), where a phylogenetic tree is painted. Frontiers in Earth Science | www.frontiersin.org 1 April 2022 | Volume 10 | Article 874736 Matsui and Kimura Fossils Into Commercial Products FIGURE 1 | Museum exhibitions using replica fossils. (A) An exhibition of the phylogenetic relationships of ceratopsian dinosaurs using skull replicas at the Natural History Museum of Utah, United States; (B) The nation’s T. rex (Tyrannosaurus rex specimen, USNM PAL 555000) decapitating a Triceratops horridus (USNM PAL 500000) at the David H. Koch Hall of Fossils—Deep Time, at National Museum of Natural History, Smithsonian Institution, United States. Until a decade ago, fossil replicas for research and exhibition photogrammetry-based 3D models can be created without were almost exclusively created using molding and casting breaching photo policies, and 3D-printed objects of the techniques (Leiggi and May, 2005). In addition, this complex models are of decent quality and may be distributed methodology has been further limited by copyright/ownership commercially. Further, in some 3D model sharing platforms, restrictions on fossil specimens with fossil replication conducted we confirmed that many photogrammetry-based 3D data of internally in the context of research, museum exhibitions, and museum displays created by individuals who are not museum education. However, with recent developments in technology, 3D staff have been uploaded for sale, and companies use these data to printing and digital models have increasingly risen as a new sell 3D-printed products. These situations are often discussed on method for creating cheap and accurate fossil replicas social networking sites (SNS such as Twitter or Facebook), but no (Falkingham, 2012; Das et al., 2017). This noninvasive actual statement or response has been issued from museums of technique is preferable especially for fragile specimens because natural sciences. 3D-printed replicas can be made more securely with a low risk of breaking during the replication process. An example of this is the life-sized Triceratops horridus fossil replicas based on 3D digital 3D-Model Outflow Under Conventional models displayed in the National Museum of Natural History, Photo Policies Smithsonian Institution (United States) (Figure 1B). 3D-printed Currently, there is a major trend of making digital 3D models of replicas are also used as educational tools (Johnson and Carter, natural history objects accessible and visible to the public. For 2019; Ziegler et al., 2020). Additionally, the Florida Museum of example, the National Science Foundation-funded oVert is a Natural History compiled their applications of 3D research-driven project that shares digital 3D vertebrate paleontological data and the related challenges for museum anatomical models with the public including high-resolution research and outreach (Ziegler et al., 2020). anatomical data of more than 80% of vertebrate genera Currently, photogrammetry-based reconstruction allows (Hoose, 2017). Major academic publishers such as Taylor & museum visitors to create digital models of museum displays Francis also have official accounts with Sketchfab (Sketchfab, and even share the models on online platforms. If the source 2021a), a major platform for sharing, buying, and selling 3D photos are collected against museum policy (e.g., “no flash” or content, as well as archiving 3D models, as in the case of Journal “no selfie stick”), creating 3D models based on these is considered of Vertebrate Paleontology (Sketchfab, 2017b). Several museums, a violation of museum policy. However, if model makers including the Natural History Museum of Los Angeles County, (i.e., museum visitors) follow the current museum photo United States (Sketchfab, 2017a; Obied et al., 2019), and the policies while creating 3D models of museum displays, Natural History Museum, London, United Kingdom (Sketchfab, museums encounter an ambiguous situation in which the 2016), have made their fossil collections available to users as copyright of the models technically belongs to the model open-access 3D models via Sketchfab. Many photogrammetry- makers even though the museums own the specimens. based 3D models of museum displays have been uploaded by 3D models are constructed through two processes: 1) general users in addition to official 3D digital models uploaded capturing photos and 2) creating 3D models from the photos. and released by museums or academic publishers. In this case, photographers own the copyright of the photos used On Sketchfab, we identified the following user-uploaded 3D to create 3D models while the copyright of the 3D models belongs models: the Tyrannosaurus rex specimen (“Black Beauty,” RTMP to the model creators. Here, we demonstrate that 81.6.1 at the Royal Tyrrell Museum), a nest of the duck-like Frontiers in Earth Science | www.frontiersin.org 2 April 2022 | Volume 10 | Article 874736 Matsui and Kimura Fossils Into Commercial Products The treatment of copyright holders of 3D files remains under active debate (Weinberg, 2013). For example, Schwartz (2015) provide the following assessment based on the U.S. laws, “. . .there may be some copyright protection in a 3D scanned image if the operator of the scanner selects the lighting components, the position of the scanners, the rate of scanning, etc. However, such copyright protection would be difficult to claim if the process is entirely automated and operator’s contribution is merely to insert the object into the machine and hit the start button” (p. 5). In contrast, Menell and Vacca (2019) present the following assessment, “. . .the CAD (Computer-Aided Design) file owner might still enforce its copyright against those who reproduce and distribute the CAD file, although even that copyright could be invalid if created without authorization”. FIGURE 2 | A skeleton of Pachycephalosaurus wyomingensis (NMNS To summarize those two papers, the copyright of 3D scanned PV20423) in Evolution of Life, Exploring the Mysteries of Dinosaur Evolution, data will be approved for the creator only if he/she was authorized Global Gallery. Dark brown parts are original fossils. White parts are artifacts. by the owner of the copyrighted objects. In Japan, the Verification Investigation and Verification and Investigation Planning Committee Intellectual Property Strategy dinosaur Maiasaura (the Natural History Museum, London), and Headquarters and Next Generation IP System Review Committee a specimen of the early Ceratopsian Protoceratops (the American (2016) published statements on the current situation of copyrights of Museum of Natural History). These are examples of “digitally 3D data in current Japanese copyright laws. According to their snatched” models generated from photographs taken in the report, Japanese law does not approve copyright for 3D models if the exhibition halls at the abovementioned museums. These 3D base of the 3D model is already copyrighted (e.g., character figures) data have various Creative Commons (CC) licenses (Creative or modified by someone after scanning. In the European Commons, 2021) defined by uploaders, and some permit them to Commission (EU), there is a study about the intellectual property be used for commercial purposes. These platforms are rapidly (IP) implications for industrial 3D printing and how the existing IP developing in terms of both number of users and model framework brings protection to IP rights holders (Mendis et al., availability. Digitized museum exhibits are freely available 2020). This report mentions that, under the patent law, it remains online, and their contents are used for various purposes. unclear how claims attempting to protect the 3D data could be Occasionally, some models are sold under creator copyrights formulated in patent applications and whether Patent Offices could without an official permit from museums or specimen owners accept them as valid. Although data-sharing platforms are used (i.e., national or local governments). worldwide, there is a possibility that museum collections may be Museums own their exhibits, but natural history specimens disseminated in countries with copyrights belonging to third parties. (natural objects) that are not manmade are not copyrightable. Discussions about the use of open 3D fossil data have only just However, we emphasize that fossil exhibits, especially begun. Some researchers have proposed the best practices for quality vertebrate paleontology (e.g., dinosaurs or extinct control, publication, storage, and reuse of open data using digital mammals), are unique compared to other displays of morphology (e.g., Davies et al., 2017), and recent movements toward natural objects in that many reconstructed skeletons are sharing 3D datasets of paleontological specimens are summarized in composed of not only natural objects or their replicas but Cunningham et al. (2014) and Davies et al. (2017). This study also skeletal parts created by model-makers (Figure 2). For summarized the photo policies of major natural history museums in exhibitions of vertebrate paleontology, it is a common North America, Europe, Asia, and Oceania, which receive more than procedure for model-makers to produce “original” forms two million visitors per year. We demonstrated that commercial based on taphonomically deformed or incomplete fossils. products can be created with photogrammetry-based 3D models of Such creative assets are copyrighted. In fact, under U.S. displayed fossils and suggested the best practices for museum photo copyright law, 17 US Code § 106 (2) guarantees “the owner policies, which cover the data use of visitor-generated 3D models of of copyright to have the exclusive rights [. . .] to prepare displayed objects. derivative works based upon the copyrighted work,” meaning, according to Menell and Vacca (2019), that “a photograph or scan of copyrighted two- or three- MATERIALS AND METHODS dimensional work implicates the derivative work or adaptation right.” Thus, a scanned 3D model of a Commercial Products reconstructed skeleton would contain natural objects and To test whether we could create good-quality photogrammetry- copyrighted derivative work. Menell and Vacca (2019) based 3D models under current policies, we photographed two further note that, “likewise, those who download and specimens displayed at the National Museum of Nature and modify CAD files likely violate the adaptation right, as well Science in Tokyo, Japan: a fossil of Hyaenodon (in Evolution of as those who subsequently print the modified product.” life—From the Earth’s Origin through Human Existence, Global Frontiers in Earth Science | www.frontiersin.org 3 April 2022 | Volume 10 | Article 874736 Matsui and Kimura Fossils Into Commercial Products FIGURE 3 | Photogrammetry-based 3D models of the Hyaenodon and Camarasaurus skulls and their virtual products. (A) Exhibition gallery at the National Museum of Nature and Science, Tokyo, Japan. Fossils were displayed behind glass walls. Lighting conditions change from dawn to twilight; and, walkways were dimmed. These conditions are generally not ideal for photogrammetry (Agisoft, 2018). (B) Photos of Hyaenodon displayed in a permanent exhibition gallery. These were taken under museum photo policies and later used to create a photogrammetry-based 3D model. (C) Photogrammetry-based 3D model of Hyaenodon. It was constructed using the Agisoft Metashape (Agisoft, 2018). (D) Original smartphone cover as a virtual product made using the Hyaenodon model. (E) Photogrammetry- based 3D model of the Camarasaurus skull. It was constructed using the Agisoft Metashape (Agisoft, 2018). (F) Original mug as a virtual product made using the Camarasaurus skull model. We merged the Camarasaurus skull model and a 3D model of a mug in the Meshmixer (Autodesk, 2017). Gallery) and a cast of a Camarasaurus skull (Evolution of Life, photogrammetric program for small businesses. The default Exploring the Mysteries of Dinosaur Evolution, Global Gallery) settings were set for accurate photography alignment and following the museum’s current policies (i.e., no flashlight, no dense clouds. We further designed a smartphone cover with additional lighting, no selfie stick, no tripod/monopod) during the Hyaenodon model (Figures 3C,D) and a cup of open hours. Hyaenodon is displayed behind a glass wall with Camarasaurus skull (Figures 3E,F) using the free 3D lighting settings that automatically change from dawn to twilight modeling software Meshmixer (Autodesk, 2017) to serve as mode (Figure 3A), which is not ideal for professional samples of potential commercial products. photogrammetry. A smartphone (iPhone 8: Apple, Inc.) and a single lens reflex (SLR) digital camera (Canon EOS Kiss X9i: Photo Policies Canon) were chosen as they are popular photographic equipment To compare general photo policies in natural history museums for photogrammetry. We took 100–200 photos of Hyaenodon worldwide, we compiled photo regulations as well as the number with an SLR camera and Camarasaurus using a smartphone. HD of museum visitors, which serves as an indicator of potential movie videos were also shot. The video files were converted to still influence on people, from the websites of these museums, images (Figure 3B) using a free video-to-JPG converter (Digital governments’ reports, and the Theme Index and Museum Wave, 2020). To create 3D models, we used Agisoft Metashape v. Index (Rubin, 2020, 2021). We were able to compile data from 1.5 (Agisoft, 2018), which is an affordable high-end 31 major museums, covering as many localities as possible from Frontiers in Earth Science | www.frontiersin.org 4 April 2022 | Volume 10 | Article 874736 Matsui and Kimura Fossils Into Commercial Products TABLE 1 | Policies about photography in major natural history museums worldwide. Museum name Continent Personal use Non- Commercial Secondary Number References commercial use use use of visitors (2019) American Museum of North Permitted Application Restricted Restricted 5,000,000 American Museum of Natural Natural History, America required History (2020), Rubin (2020) United States National Museum of Natural North Permitted Permitted Application Not mentioned 4,200,000 National Museum of Natural History, Smithsonian America required History S.I, (2017, 2020), Rubin Institution, United States (2021) Field Museum, North Permitted Permitted Restricted Not mentioned 1,494,000 Rubin, (2021), Field Museum, United States America (2022) Natural History Museum of North Not mentioned Application Application Not mentioned 1,300,000 The Natural History Museums Los Angeles County, America required required of Los Angeles County, (2020, United States 2022) Royal Tyrrell Museum, North Permitted Permitted Application Not mentioned 1,300,000 Royal Tyrell Museum, (2020a, Canada America required 2020b) Museo de Historia Natural, North Not mentioned Not mentioned Not mentioned Not mentioned NO DATA Secretaría del Medio Ambiente, Mexico America (2022) The Natural History Europe Permitted Application Application Not mentioned 5,424,000 The Natural History Museum Museum, United Kingdom required and/or required (2020a, 2020b), Rubin (2020) Charge required Muséum National D’histoire Europe Permitted Application Charge required Not mentioned 3,325,000 Muséum national d’Histoire Naturelle, France required and/or naturelle (2020a, 2020b, Charge required 2020c) Museum Für Naturkunde, Europe Permitted Permitted Charge required Not mentioned 737,000 The Museum für Naturkunde Germany (2020), Museum für Naturkunde Berlin (2020) Naturalis Biodiversity Europe Permitted Permitted Application Not mentioned 825,000* Naturalis, (2021, 2022a, Center, Netherlands required 2022b) Royal Belgian Institute of Europe Permitted Application Application Application 353,000 Royal Belgian Institute of Natural Sciences, Belgium required required required Natural Sciences, (2022a, 2022b) National Museum of Nature Asia Permitted Application Charge required Application 2,460,000 National Museum of Nature and Science, Japan required required and Science (2020a, 2020b), Rubin (2021) Shanghai Science and Asia Permitted (no Not mentioned Not mentioned Not mentioned 4,824,000 Shanghai Natural History Technology Museum, selfie sticks and Museum, (2014), Rubin, (2021) China tripods) China Science and Asia Not mentioned Not mentioned Not mentioned Not mentioned 3,891,000 China Science and Technology Technology Museum, Museum in Beijing, (2021), China Rubin, 2021) National Taiwan Museum, Asia No flash and Prohibit Prohibit Prohibit 3,000,000 National Taiwan Museum, Taiwan camera supports (2022) Rubin, (2021) Indian Museum, Kolkata, Asia Charge required Not mentioned Not mentioned Not mentioned NO DATA Indian Museum (2022) India Lee Kong Chian Natural Asia No flash and Not mentioned Not mentioned Not mentioned NO DATA Lee Kong Chian Natural History History Museum, National selfie sticks Museum (2022) University of Singapore, Singapore Bahrain National Museum, Asia Permitted Special requests Special Special 123,000* The Bahrain Authority for Bahrain required requests requests Culture and Antiquities (2019), required required The Bahrain Authority for Culture and Antiquities, (2022) (Continued on following page) Frontiers in Earth Science | www.frontiersin.org 5 April 2022 | Volume 10 | Article 874736 Matsui and Kimura Fossils Into Commercial Products TABLE 1 | (Continued) Policies about photography in major natural history museums worldwide. Museum name Continent Personal use Non- Commercial Secondary Number References commercial use use use of visitors (2019) Museum of New Zealand Te Oceania Permitted Permitted Application Not mentioned 1,548,000 Museum of New Zealand Te Papa Tongarewa, required Papa Tongarewa, (2019), New Zealand Museum of New Zealand Te Papa Tongarewa, (2021a), Museum of New Zealand Te Papa Tongarewa, (2021b) The Australian Museum, Oceania Permitted (except Charge required Special Not mentioned 446,931 The Australian Museum, New South Wales, Australia for some (exemptions may requests (2019), The Australian galleries) apply.) required Museum, (2022) Museums Victoria, Australia Oceania Permitted (no Not mentioned Not mentioned Not mentioned 1,972,786 Museums Victoria, (2020, flash) 2022) Museo Argentino de South Application No permission Special Special NO DATA Museo Argentino de Ciencias Ciencias Naturales America required required requests requests Naturales “Bernardino Bernardino Rivadavia, required required Rivadavia” (2013) Argentina Museo Nacional de Historia South Not mentioned Not mentioned Not mentioned Not mentioned NO DATA Museo Nacional de Historia Natural Chile, Chile America Natural Chile (2022) Museo de Historia Natural, South Not mentioned Not mentioned Not mentioned Not mentioned NO DATA Museo de Historia Natural Universidad Nacional America (2017) Mayor de San Marcos, Peru Museo de Historia Natural South Permitted (no Application Application Application NO DATA Museo de Historia Natural de la de la Universidad del America flash and tripod) required required required Universidad del Cauca (2022) Cauca, Colombia National Museum, Rio de South NO WEB PAGES NO WEB PAGES NO WEB NO WEB CLOSED NO ACTIVE WEB PAGES Janeiro, Brasil America PAGES PAGES The Ditsong: National Africa Flash Application Application Application 280,000 Laws.Africa Legislation Museum of Natural History, photography is required required required Commons (2016), Ditsong South Africa prohibited Museums of South Africa (2020) The National Museum, Africa Flash Application Application Application 220,000 Laws.Africa Legislation Bloemfontein, South Africa photography is required required required Commons (2016), Jen prohibited Snowball et al. (2019) The National Museums of Africa Not mentioned Send requests to Send requests Send requests 1,000,000 National Museums of Kenya Kenya, Kenya the office to the office to the office (2020) Natural History Museum of Africa Not mentioned Not mentioned Not mentioned Not mentioned NO DATA Natural History Museum of Zimbabwe, Zimbabwe Zimbabwe (2022) Uganda Museum, Uganda Africa Charge required Charge required Not mentioned Not mentioned Not Sebuliba (2020), The Uganda available Museums (2022) every continent (North America, Europe, Asia, Oceania, Africa, Biodiversity Center, Netherlands; Royal Belgian Institute of and South America), which receive more than 43 million visitors Natural Sciences, Belgium), seven museums from Asia per year. (National Museum of Nature and Science, Japan; Shanghai They were listed as follow (Table 1): six museums from North Science and Technology Museum, China; China Science and America (American Museum of Natural History, United States; Technology Museum, China; National Taiwan Museum, National Museum of Natural History, Smithsonian Institution, Taiwan; Indian Museum, Kolkata, India; Lee Kong Chian United States; Field Museum, United States; Natural History Natural History Museum, National University of Singapore, Museum of Los Angeles County, United States; Royal Tyrrell Singapore; Bahrain National Museum, Bahrain), three Museum, Canada; Museo de Historia Natural, Mexico), five museums from Oceania (Museum of New Zealand Te Papa museums from Europe (The Natural History Museum, Tongarewa, New Zealand; The Australian Museum, New United Kingdom; Muséum National D’histoire Naturelle, South Wales, Australia; Museums Victoria, Australia), five France; Museum Für Naturkunde, Germany; Naturalis museums from South America (Museo Argentino de Ciencias Frontiers in Earth Science | www.frontiersin.org 6 April 2022 | Volume 10 | Article 874736 Matsui and Kimura Fossils Into Commercial Products FIGURE 4 | From photographs of a museum exhibit to a 3D-printed product in hand. Innovation and cost reduction in photogrammetry can assist museum visitors in making 3D digital models based on photographs taken in the exhibition hall without breaking museum policies and allow them to publish these to sharing platforms. Illustrated by Hayanon, Hayanon’s Science Manga Studio (https://www.hayanon.jp/). Naturales Bernardino Rivadavia, Argentina; Museo Nacional de 2020a). We were able to obtain photos without violating any of Historia Natural Chile, Chile; Museo de Historia Natural, the museum’s photo policies, and these were used to generate 3D Universidad Nacional Mayor de San Marcos, Peru; Museo de models of decent quality and a virtual commercial product from Historia Natural de la Universidad del Cauca, Colombia; National the photogrammetry-based 3D model (Figures 3C–F). We spent Museum, Rio de Janeiro, Brazil), and five museums from Africa only a few minutes photographing the objects and used all the (The Ditsong National Museum of Natural History, South Africa; photo and video data to create the models. Based on photos and The National Museum, Bloemfontein, South Africa; The National videos taken through a glass wall, we obtained 3D models of Museums of Kenya, 2019 Kenya; Natural History Museum of objects displayed below eye level at sufficiently good quality for Zimbabwe, Zimbabwe; Uganda Museum, Uganda). printing, selling, or sharing (Figures 3C, 4). On the other hand, complete 3D models of large specimens or those displayed in high places could not be acquired as the dorsal/backside of the “DIGITAL SNATCH” DISPLAYED OBJECTS specimens were not accessible to visitors. The Hyaenodon and Camarasaurus skull specimens were not The photo policy of the National Museum of Nature and Science, displayed under suitable photographic conditions for Tokyo, Japan, is displayed at every building entrance, in booklets, photogrammetry (Figure 3A). The exhibition hall had variable and on its website (National Museum of Nature and Science, light conditions ranging from dark (dawn) to bright (daytime) Frontiers in Earth Science | www.frontiersin.org 7 April 2022 | Volume 10 | Article 874736 Matsui and Kimura Fossils Into Commercial Products ever because of widespread advancements in photogrammetry techniques. Currently, the market price of photogrammetry software ranges from hundreds to thousands of dollars (e.g., Reality Capture (Capturing Reality, 2016), Agisoft Metashape (Agisoft, 2018), 3DF Zephyr (3D Flow, 2014),and ReCap (Autodesk, 2020)). There are also free, open-source photogrammetry programs such as 3DF Zephyr Free (3D Flow) and smartphone applications (e.g., Qlone: EyeCue Vision Technologiesm, 2017). Because earned income accounts for various percentages of museum revenue, a “digital snatch” will reduce museums’ potential profit (sales of replicas of exhibited specimens, etc.), which might be a critical issue for privately owned or small museums. Although many natural history museums are managed as public properties, not all museums are managed fully by government funding, as with the National Museum of Nature and Science, Tokyo, Japan. FIGURE 5 | Stacked bar charts of the generalized trend of museum policies. The data were collected from Table 1. Legends are shown in the right side of the figure. These charts were created in R (R Core Team, 2021). MAJOR NATURAL MUSEUMS’ PHOTO POLICIES modes. Even so, the software algorithms were able to align photos to generate 3D digital models that retain the extreme The photo policies of eight major natural history museums morphological details of the surface. worldwide (North America, Europe, Asia, Oceania, Africa, and Once 3D models are uploaded to online data-sharing South America) are listed in Table 1 and Figures 5, 6. We platforms like Sketchfab (Sketchfab, 2012) or Pinshape compared 31 museums’ photographing regulations for private, (Pinshape, 2016), they can be distributed rapidly. A third noncommercial, and secondary use. Among the museums we party can download them to make commercial products for selected, one (National Museum, Rio de Janeiro, Brazil) has no profit (Figure 4). This “digital snatch” of a museum active website, and five do not mention their photographing exhibition, which may be unwanted dissemination of digital policies on their websites. Although some museums have files or copyright infringement of 3D properties, is easier than restrictions on usage of flash and tripods, 20 permit visitors to FIGURE 6 | Stacked bar charts of global trends of museum policies. The data were collected from Table 1. Legends are shown on the left side of the figure. These charts were created in R (R Core Team, 2021). Frontiers in Earth Science | www.frontiersin.org 8 April 2022 | Volume 10 | Article 874736 Matsui and Kimura Fossils Into Commercial Products take photos in their exhibitions. Two museums charge fees for payment for any purpose (Fisher and Thomas, 2020) under photographing inside their galleries, and one requires an the CC0 policy. CC licenses are standardized “communication application for museum visitors (Figure 5). Seven museums tools” for creators to grant various degrees of permission to allow visitors to use photos they take for noncommercial share and use their creative work. CC licenses are standardized purposes while 13 require them to send applications (along ways of granting public permission to use their work under with monetary fees in some cases). In addition, one museum copyright laws. CC licenses are also legal tools through which prohibits visitors from using photos for noncommercial profits. creators and other rights holders can offer certain usage rights No museum allows visitors to use of their exhibitions’ photos for to the public while other rights are retained because these commercial purposes without applications, and three museums licenses were originally created based on copyright laws prohibit it entirely. Among the museums listed in Table 1, only (Creative Commons, 2022a, 2022b; Creative Commons one-third mention policies for secondary use. These say that Japan, 2022). There are six different license types: CCBY, museum visitors and the people who download photos collected CC BY-SA, CC BY-NC, CC BY-NC-SA, CC BY-ND, and by museum visitors must use them personally or, even in the most CC BY-NC-ND. CC, as previously defined, refers to permissive cases, only for noncommercial purposes (Figure 5; Creative Commons. BY means that the creator must give Table 1). original credit, SA means that users must share adaptations We also compared photo policy trends by continent. In under the same terms, NC indicates that only noncommercial South America, the number of museums that mention photo uses of the work are permitted, and ND means that no policies on their websites is small compared to other derivatives or adaptations of the work are permitted. continents. Europe, North America, and Oceania have Additionally, CC licenses have a subcategory: CC0. CC0 similar trends of museum photo policies. In those three means “no rights reserved”; it waives all rights of creators areas, all museums allow visitors to take photos freely in and places their work in the public domain as much as their museums, and some of the museums allow exhibition possible. Users can reuse these works for any purposes photos for noncommercial purposes. In those three areas, without restriction under copyright or database law photo policies regarding personal, noncommercial, and (Creative Commons, 2020). In the case of the Smithsonian, commercial use are clearly presented on their websites, but this effort has the imprimatur of its administration. Regarding most museums do not mention secondary use on their the Smithsonian Open Access, Smithsonian Secretary Lonnie website. On the other hand, Africa and Asia include G. Bunch III stated that the institutional effort aimed for museums that charge fees for taking photos in the “viewers to become collaborators to engage critically, to museums. In addition, no museums allow visitors to use think expansively, to imagine freely” (Bunch, 2020). Before their photos for noncommercial purposes. In Asia, many the CC0 policy, the Smithsonian Institution allowed users to museums do not mention noncommercial, commercial, and download their copyrighted data and use them for purposes secondary use on their websites. under fair use. Fair use (“fair dealing” in the United Kingdom) We emphasize that there should be no conflict between is a legal doctrine that promotes freedom of expression by public property and limiting data leakage. For example, the permitting the unlicensed use of copyright-protected works in 3D model of the most famous dinosaur, Tyrannosaurus rex, certain circumstances (e.g., nonprofit educational and known as “SUE” (PR 2081), is officially available for education noncommercial uses), and many countries use this policy and creative work on the official Sketchfab account of the (e.g., the Copyright Act 1911 in the United Kingdom or 17 Field Museum (Sketchfab, 2018), but the data are not U.S. Code § 107 in the US). The new CC0 policy opens the downloadable. This is an excellent example of releasing 3D doors of the Smithsonian Institution to people in countries data while retaining the copyright. Regardless of whether that do not allow fair use, such as Japan, where both authors user-generated 3D data of displayed objects are are based. By becoming the first natural history museum to appropriate, if museums prefer to control the secondary enact the CC0 policy for 3D datasets, they showed that use of these data, conventional photo policies (e.g., no museum collections belong to the public common and flash, no selfie sticks or tripods) are insufficient. removed economic and legal barriers to promote equity by permitting anyone in the world to make creations based on their exhibited collections. CREATIVE COMMONS 0 IN NATURAL The Natural History Museum in London and the Field SCIENCES Museum also released 2D images with limited data under the CC0 policy, but these do not include 3D models (The Natural The Smithsonian Institution (including 19 museums, 12 History Museum, 2017; Field Museum, 2021). The former libraries, nine research institutes, and one zoo) announced museum has released many downloadable 3D models of the launch of Smithsonian Open Access in which 2.8 million of important specimens (e.g., Darwin’s fossil collection: The their digital collection images were released into the public Natural History Museum, 2017) under the CC BY-NC 4.0 domain (Smithonian Institution, 2020). Digital images license but not the CC0 license. Similar efforts have been including 2D and 3D data of the Smithsonian collections undertaken by other small museums (e.g., Western Science published by the Smithsonian Institution (Smithonian Center: Sketchfab, 2021b; Charleston Museum: Sketchfab, Institution, 2020) can be used without permission and 2020; College of Charleston: Sketchfab, 2019). Frontiers in Earth Science | www.frontiersin.org 9 April 2022 | Volume 10 | Article 874736 Matsui and Kimura Fossils Into Commercial Products DESIRABLE PHOTO POLICIES TUNED FOR 3) Commercial versus noncommercial use: Clearly state whether 3D DATA visitors can publish their models for commercial or noncommercial use. For example, many museums display Open-access sharing platforms for 2D and 3D images are increasingly replica of fossil specimens owned by other museums. The popular, and some explicitly state their copyright policies and other copyright of the original specimens must be clarified before terms of use for both data authors and users. In some cases, uploaders publication. Considering these circumstances, we recommend (e.g., data contributors as well as data authors in most cases) can specifying whether a piece in an exhibit is CC BY-NC-ND. In determine the copyright holder by selecting copyright options during some cases, museums that release 3D models on websites (e.g., the uploading process, which may become an issue. the Natural History Museum in London and Charleston In paleontological research, 3D digitization and imaging Museum, South Carolina in United States) retain the rights techniques have already been used as research tools (e.g., for noncommercial use of their digital data in sharing Rowe and Frank, 2011; Lewis, 2019; Karasawa and Matsui, platforms whereas the Smithsonian allows for the use of 2020; Matsui and Karasawa, 2020); however, it is only recently their published 3D models in CC0. that research-driven archives such as MorphoMuseuM (Lebrun 4) Sharing models: Clarify whether museums allow visitors to share and Orliac, 2016) and MorphoSource (Boyer et al., 2016) have photogrammetry-based 3D models created by museum visitors become accessible to a more general audience who are curious to with anonymous people on the internet. If allowed, we see 3D models of organisms. In MorphoSource, if the restriction recommend that museums request that model creators place option is set by data contributors (i.e., uploaders, data authors), the following in their 3D data files: scientific information about data users are required to state the purpose of using the 3D data the objects (e.g., scientific name, locality, housed institution, before they are permitted to download data or send a request for specimen number), data acquired to date, data-acquisition download directly to the uploader. All data contributors are equipment, and software. The attribute information is easily required to obtain official permission from specimen owners lost during any allocation process of the 3D models when before uploading (see Davies et al., 2017). copying and pasting files. However, these metadata attributes Nowadays, 3D digital models can be shared worldwide through are the most valuable information for museum specimens. If the major sharing websites like Sketchfab (Sketchfab, 2012). Data 3D data retain their associated information, the data could be contributors can set a CC license for each 3D object in used for future educational and research purposes. Sketchfab, but they are not required to obtain specimen owners’ 5) Clear notification: The above policies must be stated in plain permissions. In this case, 3D data can easily lose important metadata language and easily spotted by visitors in museum halls. It attributes associated with the data and specimen, like the location of would be better to announce these repeatedly in multiple the original specimen and specimen numbers. ways, such as through interactive kiosks, during the ticket- Our results show that visitors can generate photogrammetry- purchasing/reservation process, or on the museum’s website. based 3D models of displayed objects and share these models We believe it is important to retain substantial without the authorization of museums under general photo museum–visitor relationships. policies. If museums desire to restrict unwanted duplicates of 6) Takedown notice: If necessary, mention that museums may museum objects while allowing photo shooting in their exhibition request a takedown from the sharing platform when they find galleries, we suggest creating or revising the handling policies for 3D models that violate museum policies. Such action would heavily models of displayed objects and explicitly stating these to visitors. influence the willingness of rights holders to attempt to exercise questionable control (Schwartz, 2015). Nevertheless, to avoid a daunting process of identifying end-users for takedown action, BEST PRACTICES FOR DIGITAL ASSETS we suggest that the museums understand IP issues regarding 3D OF DISPLAYED 3D OBJECTS IN NATURAL scanning and printing of displayed objects and redesign their photo policies to fit their digital strategies. HISTORY MUSEUMS Here, we propose the best practices for museum photo policies that cover the data use of visitor-created 3D models of displayed objects. CONCLUSIONS 1) Creating models: State whether museums allow visitors to take This study proposes handling policies for user-generated 3D photographs to convert them into 3D models. It is important models of displayed objects. Open access policies for the for each museum to make decisions regarding the reproduction of museum specimens are becoming a global management of the 3D data of its exhibitions. trend, being promoted and implemented at varying rates and 2) Copyright of 3D models: Clarify the ownership of any type of in different ways in countries worldwide. While some 3D model of displayed objects as part of photo policies. institutions have adopted fully open-access policies for During the COVID-19 pandemic (2020–ongoing), virtual their 2D and 3D digital data, some museums maintain reality or augmented reality exhibition could be considered stricter copyrights. This issue has not been fully discussed as a new source of museum income. A statement about in many contexts, including that of small museums. Cost ownership is especially important when museums plan to reduction in 3D-scanning equipment and photogrammetry sell 3D-printed replicas or other products. software will facilitate the creation of 3D models of objects Frontiers in Earth Science | www.frontiersin.org 10 April 2022 | Volume 10 | Article 874736 Matsui and Kimura Fossils Into Commercial Products displayed in exhibition halls. These “unofficial” models have FUNDING already been uploaded to popular data-sharing platforms such as Sketchfab. Once 3D digital models of displayed objects are Financial support was provided by the National Museum of Nature created by a third party, rapid online distribution cannot be and Science, JSPS KAKENHI Grant Numbers 21K14031, 19J0041, controlled by museums that own original models. 18K13650, JP15H06884, and the Qdai-jump Research Program Grant Number Wakaba Project 02219 and 01220. DATA AVAILABILITY STATEMENT ACKNOWLEDGMENTS The original contributions presented in the study are included in the article/Supplementary Material, further inquiries can be We thank Lauren Debussy and Nicholas D. Pyenson for directed to the corresponding author. providing constructive comments on our manuscript. Thanks also to Ana M. Valenzuela-Toro for helping collect Spanish information for KM and the Natural History Museum of AUTHOR CONTRIBUTIONS Utah, United States, for allowing us to use their exhibition photo in our manuscript. Finally, both authors wish to thank All authors listed have made a substantial, direct, and intellectual three reviewers and Stefano Dominici for reading and improving contribution to the work and approved it for publication. our manuscript. Digital Wave (2020). Free Video to JPG Converter. Available at: https://www. REFERENCES dvdvideosoft.com/products/dvd/Free-Video-to-JPG-Converter.htm (Accessed April 5, 2020). Agisoft, L. L. C. (2018). 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