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Museums and our Common Heritage: Moving Beyond Intellectual Property
1. Museums and our Common Heritage:
Moving Beyond Intellectual Property
David Bearman | Archives & Museum Informatics | www.archimuse.com
Tuesday, February 10, 2009
2. Museum History
• Acquire (steal, buy, capture, unearth etc.)
• Holdings (specimens and artifacts are
collected things)
• Visited only (until recently), in Person
• Object in Arbitrary Repository
• Content (largely) Fungible
David Bearman | Archives & Museum Informatics | www.archimuse.com
Tuesday, February 10, 2009
3. Intellectual Property
• Origin - Late 18th Century Capitalism
• Nature
‣ Grant of Exclusive Rights
‣ Social Contract to Produce Value
• Basis - Economics of Publishing and
Exploitation of Invention
David Bearman | Archives & Museum Informatics | www.archimuse.com
Tuesday, February 10, 2009
4. Museums & IP: Pre-web
• 19th-20th c. Museums Grant Licenses to
Scholars for Publication from Collections
• Insignificant Aspect of Museums and of
Scholarly Publishing
• Technology, Scholarship and Humanities
conference 1992 barely mentions IP
‣ myself and Stuart Lynn excepted
David Bearman | Archives & Museum Informatics | www.archimuse.com
Tuesday, February 10, 2009
5. Web: Licensed Content
1994-2004
• AHIP Conference 1994 Identified Barriers
to Broad Access to Museum Collections
‣ Intellectual Property
‣ Technology
‣ ‘Critical Mass’
David Bearman | Archives & Museum Informatics | www.archimuse.com
Tuesday, February 10, 2009
6. Experiments Licensing
Museum Content
• MESL
• AMICO, SCRAN etc.
• Scholars databases
• ArtSTOR
David Bearman | Archives & Museum Informatics | www.archimuse.com
Tuesday, February 10, 2009
7. Licensing - Conclusions
• Reduced Transaction Costs for some, but
‣ Only to Users in Education (mostly
Higher)
• Mostly Art and Architecture Collections
• Not Profit nor Value Center for Museums
David Bearman | Archives & Museum Informatics | www.archimuse.com
Tuesday, February 10, 2009
8. New Approaches to IP
• V&A and Met Scholars License
• CC+
• Public Domain
David Bearman | Archives & Museum Informatics | www.archimuse.com
Tuesday, February 10, 2009
9. Rights - Necessary,
But Not Sufficient
• How we find museum content
• What content we find
• What we can do with it
David Bearman | Archives & Museum Informatics | www.archimuse.com
Tuesday, February 10, 2009
10. Beyond IP
• Transform Uses
‣ Library Model of Museum Fails
‣ Encounter Model has Different
Requirements
David Bearman | Archives & Museum Informatics | www.archimuse.com
Tuesday, February 10, 2009
11. New Paradigms
• beyond searching or browsing = Alerting
• beyond museum site/portal = Where I am
• beyond viewing = Interacting, Contributing
• beyond saving or publishing = Sharing,
Engaging
David Bearman | Archives & Museum Informatics | www.archimuse.com
Tuesday, February 10, 2009
12. New Discovery Model
• Alert, instead of search or browse
‣ Distributed Collection
‣ Repatriated
‣ Objects from all Museums in one
Context
• Discover - self not stuff
David Bearman | Archives & Museum Informatics | www.archimuse.com
Tuesday, February 10, 2009
13. New Content API
• Standard interface supporting
- Distributed,
- Rich,
- Reusable,
- Geo-located,
David Bearman | Archives & Museum Informatics | www.archimuse.com
Tuesday, February 10, 2009
14. New Content
• Museum and Public views
- Contributed
- Attributed
- Geo-tagged
- Temporally associated
- Audio-video surrogates
David Bearman | Archives & Museum Informatics | www.archimuse.com
Tuesday, February 10, 2009
15. New Use Model
• Engages new audiences, builds community
‣ Interactive
‣ Invites contribution
‣ Enables commentary and debate
‣ Sharable
David Bearman | Archives & Museum Informatics | www.archimuse.com
Tuesday, February 10, 2009
16. Inside-Out Museum
• New Architectures and Attitudes
‣ New Model for Discovery, Content, Use
‣ Aggregation of Heritage Knowledge
‣ Virtual Repatriation & Co-Ownership
David Bearman | Archives & Museum Informatics | www.archimuse.com
Tuesday, February 10, 2009
17. Beyond IP: Cultural
Property Rights
• Right to Knowledge of Common Heritage
• Right to Recording a Point-of-View
• Right to Share and Create Understanding
• Right to Virtual Repatriation of the Past
David Bearman | Archives & Museum Informatics | www.archimuse.com
Tuesday, February 10, 2009
18. THANK YOU
David Bearman | Archives & Museum Informatics | www.archimuse.com
Tuesday, February 10, 2009
Notes de l'éditeur
Thanks to Professor Junko Iwabuchi for inviting me
and to Japan Foundation and all the other sponsors for funding this important conference
looking forward to meeting colleagues from Keio University and around the world
Museums Collect - Everything = acquired by theft and gift; purchase and capture
Becomes a cultural object even if it was live - Suzanne Briet’s antelope as document
catalogs published from early/mid 19th c. not adequate surrogate
Where anything ends up cannot be predicted
It required a change in economics - Web publishing - to bring the issue to the fore
IP - transaction costs as essential problem
Technology - search/display standards
- infrastructure for telecom speed/storage issues
Critical mass - how to collate - by contribution or distributed w/API?
MESL - Terms & Conditions arrived at with help of US Copyright Office carried over
AMICO - Established that universities would license content
Scholars Databases - tried to combine personal image resources but lacked data content
ArtSTOR - Expensive, elite culmination - doesn’t reach new audiences
End users avoided transaction costs and institutions did it only once
AMICO included elementary and secondary schools
Everyone used the Search, Display, Save model only
Barely pays for itself, doesn’t really reach new audiences/new ways
Underlying issue = reducing transaction costs for users so terms need to be common; lots of different licenses may help museums (some) but don’t help users
There is no way to put something in the public domain
Search/Display/Save paradigm is not adequate
Crucial aspect of this is that the user does not need to ‘go’ to the museum web site, the data comes to the user as a consequence of where they are, or where they are ‘tuned’
Crucial aspect of this is that the data is not structured dependent on the museum site, but rather open to to be re-incorporated into other applications
Content is not authored from museum perspective alone
Crucial aspect of this is that success isn’t ‘eyeballs’ but involvement. The point is not just to be seen, but to be used, to be meaningful, to make a difference
Intellectual Property as an economic right, grounded in early modern economic theory
Cultural Property as a human right, grounded in 21st century humanism