Is the British Museum Losing Its Marbles? Copyrighting Antiquities and the Museum's Future In the Face of 3D Scanning Technology
The British Museum faces legal challenges over the Elgin Marbles, with the Institute for Digital Archaeology’s 3D scanning efforts sparking debates on copyrights, cultural heritage, and the future of historical artifact preservation.
Nestled within the heart of London, the British Museum (“Museum”) stands as a repository of human history, a treasure trove of cultural heritage that transcends borders and spans centuries. Among its countless artifacts, sculptures, and relics, the Parthenon Marbles, otherwise known as the “Elgin Marbles,” stand out as both a testament to the enduring allure of Ancient Greece and a source of enduring controversy.
At the forefront is an injunction that could significantly alter the possessory power that the institution holds over not only the marbles themselves but also the entirety of their curatorial assemblage. One of the UK’s leading heritage preservation organizations, the Institute for Digital Archaeology (IDA), is threatening to take legal action in response to a denial of its request to undertake 3D imaging of the Elgin Marbles.
The Oxford-based institution began production of the scans in March of 2022, gaining access to the gallery and subsequently capturing photographic documentation of the marbles. However, a significant portion of the collection posed challenges, requiring ladders and specialized equipment for comprehensive scanning. The Museum administration subsequently raised objections, alleging that the IDA had contravened visitor guidelines by undertaking unauthorized scanning activities after their initial request had been declined. Roger Michel, the IDA’s executive director, emphasized the extraordinary potential this technology could offer scholars and viewers while shedding light on what he views as the Museum’s seemingly arbitrary obstruction of the IDA’s scanning efforts.
According to the European Commission, copyright protection is not extended to ancient works; they are considered part of the public domain. The question that remains, therefore, is whether the scans that can reproduce the work with “sub-millimeter” accuracy will be afforded copyright protection and whether the IDA can prevent reproduction. If so, what will be the legal and social consequences of allowing authentic reproductions of historically controversial antiquities?
Extending legal control to one person, organization, or government could restrict public access. Emma K. Blumenthal, a legal fellow for the University of Arizona, highlights, “While the antiquities themselves are in the public domain, meaning they are not subject to copyright protection and may be copied or incorporated into new works, it is unclear as a matter of law whether the entity that creates the 3D scan has a valid claim to copyright protection in the scan.” The uncertainty presents great risks to the monopoly power that the Museum currently holds over its extensive collection and could turn the tide in favor of repatriation.
Balancing Preservation and Accessibility: Copyright Law and the Test of Time
This is not the first time the Museum has faced legal challenges from individuals claiming copyright infringement. In August of this year, translator Yilin Wang claimed victory, settling with the institution after months of online campaigning and negotiations. Wang stated that the Museum failed to recognize her contribution to the translations of 19th-century poems in the exhibition, “China’s Hidden Century.” The statement released by British Museum representatives strongly conveys their fear of further discontent regarding creative works and future legal action. The vague statement, “The British Museum takes copyright permission seriously and recognizes the importance of the role of translators and the value of their work, which in many cases helps to further the [M]useum’s research and widen public access through display,” screams a patch-up of what they consider to be a public relations catastrophe.
Although the current threat from the IDA is not based on credit for research, the previous settlements that the Museum has undertaken act as proof of the consistent legal challenges that the institution is facing. The rise of modern technology is raising issues of rightful ownership of cultural heritage. With the sheer volume of antiquities that the Museum holds, home to a vast and extensive collection of over 8 million works, the injunction from the IDA opens a can of worms for others to claim further intellectual property claims.
Control over the 3D scans could have substantial implications for public accessibility and, arguably more importantly, preservation. If a court holds that the owner of the scans is afforded a bundle of “exclusive” rights, such as public distribution and reproduction, this could significantly impact the Museum’s control over access to the marbles. To put it into perspective, the Museum receives an average of 6 million visitors per calendar year. The Elgin Marbles are one of its most popular exhibits. Although entry to the Museum is free, the institution still benefits considerably from selling items inside its doors and funding from external organizations. The sheer accuracy of the scans could provide the IDA with untenable access to vast amounts of profit.
Preserving the Past and Protecting the Future
The story of the Elgin Marbles is a tale of art, politics, and cultural diplomacy. It intertwines Ancient Athens's grandeur with modern international relations' complexities. As one conservator from the Museum wrote in a private report back in 1991: “The problem has not gone away, it is merely in hibernation; and when it wakes up, our successors will find that it is fiercer than before,” the last decade has shown that the controversy is alive and discontent is growing stronger. In the face of further legal challenges, one should question whether the purse strings of the institution are strong enough to settle all legal challenges surrounding ownership and reproductions consistently.