Presented by Marta Bustillo, at the Annual Conference of the Visual Resources Association, March 12-15, 2014 in Milwaukee, Wisconsin. Session 9, Case Studies in International Copyright Compliance: Untangling the Web of Publishing and Sharing Copyrighted Content Online ORGANIZERS: Cara Hirsch, Artstor Allan Kohl, Minneapolis College of Art and Design (on behalf of the VRA Intellectual Property Rights Committee) Vicky Brown, University of Oxford (on behalf of the VRA International Task Force) MODERATOR: Allan Kohl, Minneapolis College of Art and Design Vicky Brown, University of Oxford PRESENTERS: • Matthias Arnold, University of Heidelberg (Germany) • Vicky Brown, University of Oxford (United Kingdom) • Marta Bustillo, National College of Art and Design, Dublin (Ireland) • Lavinia Ciuffa, American Academy in Rome (Italy) • Marika Sarvilahti, Aalto University, Helsinki (Finland) Teachers, students and scholars have long been able to rely on fair use in making content available for teaching, research and study within the United States. However, such protections don’t exist outside the United States. This session explores the various ways that visual resource professionals have addressed copyright compliance issues when making images available for educational and scholarly purposes outside of the United States. Using various case studies, the session will address the sharing of image resources between and among different institutions, determining when and how images can be made available to the general public, creating image-based research collaborations across national boundaries, and the international aspects of publishing with images.

1. Dr. Marta Bustillo
Assistant Librarian, Harry Clarke Studios Demonstrator Project
Digital Resources and Imaging Services, Trinity College Library
Dublin (Ireland)
The Harry Clarke Studios Project for the
Digital Repository of Ireland:
Copyright Considerations
Visual Resources Association 32nd Annual Conference, Milwaukee
Session 9, Friday, March 14th 2014: Case Studies in International
Copyright Compliance: Untangling the Web of Publishing and
Sharing Copyright Content Online

2. The Harry Clarke Studios Demonstrator Project
Digitisation and cataloguing of Clarke Stained Glass Studios material held at the Manuscripts & Archives
Research Library, Trinity College Dublin: http://marloc.library.tcd.ie/calmview/.

3. The Digital Repository of Ireland
DRI is a trusted digital repository for Humanities and Social Sciences Data
- linking and preserving the rich data held by Irish institutions, with a central internet
access point
- Our Cultural & Social Heritage
http://dri.ie/

4. The Demonstrator Projects: Partner Institutions

5. Clarke Stained Glass
➢Stained Glass and church decorating business,
founded by Joshua Clarke (1858-1921) ca. 1886.
➢Continued by his sons Harry Clarke (1889-1931) and
Walter Clarke (1880-1930) after Joshua's death.
➢Became Harry Clarke Stained Glass Ltd. in 1930.
➢Continued after Harry Clarke's death in 1931.
➢Closed in 1973.

6. Demonstrator Project:
Types of Materials
➢Drawings and colour designs.
➢Correspondence.
➢Information about commissions.
➢Staffing documentation.
➢Photographs.
➢Visitors books.
➢Financial records.
➢Physical objects.
➢Miscellaneous printed material.

7. Irish Copyright Law
Copyright in Ireland currently governed by the
Copyright and Related Rights Act 2000.
Copyright expires 70 years after the death of the
author, irrespective of the date on which the work is
first' lawfully made available to the public.'
No concept of fair use. Fair dealing for research or
private study; and for criticism or review.
Education: “ the copyright in a literary, dramatic,
musical or artistic work(...) is not infringed by its being
copied in the course of instruction.” Does not include
copies made by means of a repographic process.

8. Copyright Review Committee Report
Report from the government-appointed Copyright
Review Committee published in December 2013.
Relevant recommendations:
 Copyright Council of Ireland
 Voluntary Digital Copyright Exchange
 Irish Orphan Works Licensing Agency
 Introduction of fair use exceptions, albeit more
limited than in the U.S. system.

9. The Harry Clarke Studios Project: Copyright Considerations
Three broad categories of items in the collection in terms of copyright:
1- Items produced by the firm.
2- Items held by the firm, but produced by a known third party.
3- Items held by the firm, and produced by an unknown third party.

10. Works in the public domain
Colour design for Saint Patrick's window at Letterkenny
Cathedral in Co. Donegal. Commissioned in 1901. The
design was produced over 70 years ago, and is signed as J.
Clarke & Sons.
Source Material Copyright Status: Work in the Public
Domain.

11. Works under copyright produced by
Harry Clarke Stained Glass Ltd.
Assumption of the Virgin Mary and attendant angels.
Colour design for stained glass window at the Church of
the Assumption, Wexford, Ireland. 1953
Source Material Copyright Status: Copyright Clarke heirs.

12. Works under copyright produced
by a known third party
Letter dated 08.11.53 from S[ister] W. Emmanuel, St.
Mary’s Dominican Convent, Dun Laoghaire, to
William Dowling, Harry Clarke Studios, Dublin.
Source Material Copyright Status: Unknown [for the
moment, since known third party has not been
formally identified or located]. Orphan work.

13. Works in copyright produced by a
known third party
Dominican Saints of the Rosary Series: Saint Catharine
de Ricci, valiant lover of the Crucified. Published ca.
1950-1960 by Dominican Publications, St. Saviour's.
Source Material Copyright Status: Copyright Dominican
Publications.
Procedure: Contact publishers, ask for permission to
reproduce material. If no response from publishers,
material will possibly have to be excluded from the
project.
Im
Image removed for
copyright reasons

14. Works in copyright produced by an unknown third party
Photograph of nuns and pupils of Saint Mary’s Dominican Convent, Dun Laoghaire, Co.
Dublin. ca. 1950-1964
Source Material Copyright Status: Unknown – Orphan work

15. Orphan works
European Digital Libraries Initiative : Launched in 2005 to provide a common multi-lingual access
point to Europe’s digital cultural heritage.
The European Digital Library offers the following definition for orphan works:
“A work is “orphan” with respect to rights holders whose permission is required to use it and who can
either not be identified, or located based on diligent search on the basis of due diligence guidelines.
This search must be both in good faith (subjectively) and reasonable in light of the type of rights
holder (objectively).”

16. European Digital Libraries Initiative: Due Diligence Search
Main Principles for identifying and/or locating the rights holder:
 The search is done prior to the use of the work
 The search is done title by title or work by work
 The relevant resources would usually be those of the country of the work’s origin

17. European Digital Libraries Initiative: Due Diligence Search
The search should follow proper procedure in line with the applicable guidelines:
Publishing an announcement may be part of the procedure, for example using these media:
 On a web-site
 In a relevant publication (trade, professional etc)
 In social or professional networks or associations (including newsletters)
 In the local or national press
The search process should be documented:
 Date of the searches
 Names of the resources used and list of search terms employed
 Copies of announcements where relevant

18. Clarke Studios Project Procedure
DRI recommends that collections for ingestion into the repository should follow the due
diligence search procedures proposed by the European Digital Library.
The Clarke Studios Project will:
 Carry out due diligence searches on a series of test cases for different types of items,
documenting the time and resources spent on identifying rights owners.
 Evaluate the feasibility of carrying out this procedure on all items in the collection
with unknown rights holders.
 Decide whether items with unknown rights holders may have to be withdrawn from
the project, for lack of resources to carry out due diligence searches.