This 3D scan though, is not a reproduction. It is a measurement.
If I run my tape measure around Nefertiti's head, I will obtain a measurement. If you repeat it, it will be the same, provided we both know how to use a tape measure, limited only by the fidelity of our tool.
In fact, any technician, given the tool and a manual, will create precisely the same 3D model.
Having seen Nefertiti with my own eyes, it was a transformative experience, for which I am thankful. But I could never shake the feeling that it should not be in Berlin. I was only able to justify my purchasing the ticket from the looters, since they can be considered to render a service by at the very least preserving it. Like a hostage should be grateful for receiving food. But they certainly do not own it, nor any rights derived from it.
Also, another way to look at it is that you can derive a 3D model from many 2D photos. So does it make sense to claim you can derive something non-creative from many creative works, yet the thing it relates to is the original?