This document summarizes a workshop on making collection content more openly accessible while respecting copyright. The workshop covered topics like determining the copyright status of artists' works, using non-exclusive licensing agreements, tracking permissions, communicating copyright to users, and differences between 2D and 3D copyright claims. Resources on copyright research, fair use, and open licensing models were also discussed. The goal was to help institutions broaden the impact of their collections while managing copyright permissions.
Organic Name Reactions for the students and aspirants of Chemistry12th.pptx
Vra 2013 broaden your impact fullworkshop
1. Broaden Your Impact:
Making Collection Content
More Openly Accessible
Nancy Sims, University of Minnesota
Deborah Wythe, Brooklyn Museum
Anne Young, Indianapolis Museum of Art
Ian McDermott, ARTstor
Moderated by Anne Young, Indianapolis Museum of Art
Visual Resources Association Annual Conference,
Providence, RI, April 5, 2013
2. Workshop Topics
1. Artists
1. Copyright?
2. Public domain?
3. Orphan work?
2. Non-Exclusive Licensing Agreements
3. Tracking Permissions
1. Utilitarian Objects
2. Forms
3. Databases
4. Communicating Copyright to the Public
5. 2D vs. 3D Copyright Claims
6. CopyWRONGS
7. Questions?
14. Object information
(long lists at end)
About us
Grant of rights
Specific rights
3rd party licensing
Approved rights statement
License
15. Affirmation by artist
or authorized representative
of right to sign
Signature, name, date
(now: mailing address)
16. Street View Filming
Google films & IMA responsible for clearing rights
Contacted each
100 Acres
artist to ensure
they approved of
having their work
in the Art Project.
They all said
YES!
Beyond Licensing Agreement Scope –
Google Art Project
17. Indoor View Filming
Google films & IMA responsible for clearing rights
Beyond Licensing Agreement Scope –
Google Art Project
18. Finalizing Copyrighted Artist Permissions
Approved Artists
Kendall Buster Los Carpinteros
Jeppe Hein Alfredo Jaar
Teä Makipää Type A
Atelier Van Lieshout Andrea Zittel
Mary Miss visiondivision
Alyson Shotz James Turrell
Maya Lin Tara Donovan
Tim Hawkinson El Anatsui
Heather Rowe Orly Genger
Don Gummer Fred Sandback
Allison Smith Jackie Ferrara
Julianne Swartz Ellsworth Kelly
Mark Tansey Donald Lipski
Awaiting Responses
Robert Indiana
Do Ho Suh
Josiah McElheny
William Lamson
Scott Stack
Roger Brown
Pending Image Review
Robert Irwin
Sol LeWitt
Beyond Licensing Agreement Scope –
Google Art Project
20. Do I need to clear it?
Copyright in Utilitarian/Design
Objects and Fashion
Existing Images vs. Institution Created
Designer vs. Manufacturer
André Courrèges, dress, late 1970s. Indianapolis, Museum of Art, Gift of Mr. and Mrs. Kenneth and Valerie Johnson, 2003.160
Charles and Ray Eames (designers); Herman Miller Furniture Company
(manugacturer), Armchair and ottoman, about 1957.
Indianapolis Museum of Art, Gift of Margaret, Catherine, Elizabeth and Will Miller, MH2010.19A-B
33. “freemium”
model –
provide content
free to the public,
then charge for
access to
additional rights
not in the CC
license.
Sylvain Zimmer, Jamendo.
Creative Commons: The
Power of Open
http://thepowerofopen.org/
34. ▲ Free
JPG, 1536 pixels
wide -- 350Kb
Value added ►
TIF 5010 pixels
wide -- 55Mb
Sliding scale
starting at $45,
depending on use
Eastman Johnson (American, 1824-1906). A Ride for Liberty
-- The Fugitive Slaves, ca. 1862. Oil on paper board, 21
15/16 x 26 1/8 in. (55.8 x 66.4 cm). Brooklyn Museum, Gift of
Gwendolyn O. L. Conkling, 40.59a-b
35. By asserting “no known copyright restrictions,”
participating institutions are sharing the benefit of their
research without providing an expressed or implied
warranty to others who would like to use or reproduce
the photograph.
36. This image was uploaded as a donation by the Brooklyn
Museum, and is considered to have no known copyright
restrictions by the institutions of the Brooklyn Museum.
Note: While the Brooklyn Museum cannot make an
absolute statement on copyright status for legal reasons, it
supports and encourages the Wikimedia community in
researching and applying the copyright status tag that is
most appropriate for their purposes.
45. Rights Statement: Creative
Commons-BY
You may download and use
Brooklyn Museum images of this
three-dimensional work in
accordance with a Creative
Commons license. Fair use, as
understood under the United
States Copyright Act, may also
apply.
46. Rights Statement: No known copyright
restrictions
This work may be in the public domain
in the United States. Works created by
United States and non-United States
nationals published prior to 1923 are in
the public domain, subject to the terms
of any applicable treaty or agreement.
You may download and use Brooklyn
Museum images of this work. Please
include caption information from this
page and credit the Brooklyn Museum.
If you need a high resolution file,
please contact
reproductions@brooklynmuseum.org
(charges apply).
47. • Revision of fee schedule
Rates determined by publication type rather
than status of the requester
Scholarly publications (under 5,000 copies) and
personal/research requests
No reproduction fee assessed
Image preparation fee may apply if new
photography or scan is needed
IMA Increasing Access
48. • Income is no longer the goal
• Still want to know where/when our collection
is reproduced
• Instead seek to disseminate images and foster
scholarly endeavors
• Fee reduction has resulted in increased
requests and workload
IMA Increasing Access
54. For more details, including
order or lease information …
NYC.gov/Records
http://www.nyc.gov/html/records/html/ga
llery/html/details.shtml?cat=street&imgn
ame=bpm_1024b.jpg
http://brooklynpix.com/photofram
ex1.php?photo=/photo1/D/dumb
o37.jpg&key=DUMBO%2037
56. Broaden Your Impact:
Making Collection Content
More Openly Accessible
Nancy Sims, University of Minnesota
Deborah Wythe, Brooklyn Museum
Anne Young, Indianapolis Museum of Art
Ian McDermott, ARTstor
Thank you
Visual Resources Association Annual Conference,
Providence, RI, April 5, 2013
57. RESOURCES
Eastman Johnson (American, 1824-1906). Self-Portrait, ca. 1865-
1870. Oil on canvas, 9 3/4 x 7 13/16 in. (24.8 x 19.9 cm). Brooklyn
Museum, Purchased with funds given by Mr. and Mrs. Leonard L.
Milberg and the A. Augustus Healy Fund, 1994.64
58. Contacts
Nancy Sims, Copyright Program Librarian, University of Minnesota,
nasims@umn.edu
Deborah Wythe, Head of Digital Collections and Services,
Brooklyn Museum, deborah.wythe@brooklynmuseum.org
Anne Young, Manager of Rights and Reproductions,
Indianapolis Museum of Art, ayoung@imamuseum.org
Ian McDermott, Collection Development Manager, ARTstor,
ian.mcdermott@artstor.org
59. Copyright
• Copyright and Cultural Institutions: Guidelines for Digitization for U.S.
Libraries, Archives, and Museums. Peter B. Hirtle, Emily Hudson, Andrew T.
Kenyon (2009). E-book (free download):
http://ecommons.cornell.edu/bitstream/1813/14142/2/Hirtle-
Copyright_final_RGB_lowres-cover1.pdf ; Print:
https://www.createspace.com/3405063
• U.S. Copyright Office, Copyright Information Center
http://www.copyright.gov/
• Copyright Term and the Public Domain in the United States (Hirtle)
http://www.copyright.cornell.edu/resources/publicdomain.cfm
• WIPO (World Intellectual Property Organization) resources, U.S.
http://www.wipo.int/wipolex/en/profile.jsp?code=US
• Copyright Watch (monitors international laws)
http://www.copyright-watch.org/
• Copyrightlaws.com http://www.copyrightlaws.com/
60. Issues
• Digital cultural collections in an age of reuse and remixes. K.R.
Eschenfelder and M. Caswell (2010). http://bit.ly/10t7tX1
• Control of Museum Art Images: The Reach and Limits of Copyright and
Licensing. Kenneth D. Crews and Melissa A. Brown (August 1, 2011).
http://bit.ly/10vjI4X
61. Fair Use, the Public Domain, Creative Commons
• Reclaiming Fair Use: How to Put Balance Back in Copyright. Patricia
Aufderheide and Peter Jaszi (University of Chicago Press, 2011).
http://www.centerforsocialmedia.org/reclaiming
• Fair Use, Center for Social Media, American University
http://www.centerforsocialmedia.org/fair-use
• AAMD Policy on the Use of “thumbnail” Digital Images in Museum Online
Initiatives https://aamd.org/standards-and-practices
• VRA Statement on the Fair Use of Images for Teaching, Research, and Study
http://www.vraweb.org/organization/pdf/VRAFairUseGuidelinesFinal.pdf
• ARL Code of Best Practices in Fair Use for Academic and Research Libraries
http://www.arl.org/pp/ppcopyright/codefairuse/code/index.shtml
• Fair Use Network http://fairusenetwork.com/
• Center for the Study of the Public Domain http://web.law.duke.edu/cspd/
• The Public Domain: How to Find & Use Copyright-Free Writings, Music, Art
& More. Stephen Fishman (2010). Print or e-book:
http://www.nolo.com/products/the-public-domain-PUBL.html
• Creative Commons http://creativecommons.org/
62. Guides
• Cornell University Copyright Information Center
http://www.copyright.cornell.edu/resources/
• Columbia University Copyright Advisory Office
http://copyright.columbia.edu/copyright/copyright-in- general
• Center for Intellectual Property, University of Maryland
http://www.umuc.edu/cip/
• Teaching Copyright, A project of the Electronic Frontier Foundation
http://www.teachingcopyright.org/
• IPinCH (Intellectual Property issues in Cultural Heritage)
http://www.sfu.ca/ipinch
• Copyright for Librarians, Berkman Center for Internet and Society
http://cyber.law.harvard.edu/publications/2013/copyright_for_librarians
• ARROW (Accessible Registries of Rights Information and Orphan Works)
towards Europeana http://www.arrow-net.eu/
• Brooklyn Museum copyright project
http://www.brooklynmuseum.org/community/blogosphere/bloggers/tag/
copyright
63. Professional Organizations
• RARIN (Rights and Reproductions Information Network)
http://www.rarin.org/index.php?title=Main_Page
• AAM Registrar’s Committee listserv http://www.rcaam.org/Listserv
• VRA Intellectual Property Rights News http://vraiprnews.wordpress.com/
and Resources http://www.vraweb.org/resources/ipr/copyright.html
• MUSIP: Museum IP Yahoo group http://groups.yahoo.com/group/musip/
• College Art Association: IP resources http://www.collegeart.org/ip/
• ALA Copyright Advisory Network http://librarycopyright.net/
Digital Copyright Slider: http://librarycopyright.net/resources/digitalslider/
Fair Use Evaluator: http://librarycopyright.net/resources/fairuse/
Section 108 Spinner: http://librarycopyright.net/resources/spinner/
• CHIN (Canadian Heritage Information Network) http://bit.ly/10uoAHI
A Museum Guide to Digital Rights Management http://bit.ly/10uoFej
Developing Intellectual Property Policies http://bit.ly/XUV8ZV
• AIPLA, American Intellectual Property Law Association
http://www.aipla.org/Pages/default.aspx
• LIBLICENSE Project http://liblicense.crl.edu/
64. Copyright Clearance, Licensing, and Image Acquisition
Was it registered?
• The Catalog of Copyright Entries, 1923-1978
http://onlinebooks.library.upenn.edu/cce/
• Online registration and renewal information, 1978 to present
http://www.copyright.gov/records/
Find contact information
• The WATCH File (Writers, Artists and Their Copyright Holders, University of
Texas, Austin) http://tyler.hrc.utexas.edu/index.cfm
• Library of Congress, Prints and Photographs Rights and Restrictions
http://www.loc.gov/rr/print/res/rights.html
65. Does a licensing organization control rights?
• ARS -- Artists Rights Society http://www.arsny.com/
• VAGA – Visual Artists and Galleries Association, Inc.
http://www.vagarights.com/
• DACS – Design and Artists Copyright Society http://www.dacs.org.uk/
• BACS – The Bridgeman Artists’ Copyright Service
http://www.bridgemanart.com/about-bridgeman/information-for-artists-
and-galleries
• CARCC – Canadian Artists Representation Copyright Collective
http://www.carcc.ca/main-E.html
Researching artists
• MUSIP: Museum IP Yahoo group http://groups.yahoo.com/group/musip/
• Social Security Death Index http://ssdi.rootsweb.ancestry.com/
• CAA Obituaries http://www.collegeart.org/news/category/obituaries/
• International Foundation for Art Research: catalogues raisonnés
http://www.ifar.org/cat_rais.php
• Catalogue Raisonne Association http://www.catalogueraisonne.org
66. Image and Licensing Sources
• ARTstor Images for Academic Publishing http://bit.ly/10uzLjq
• DPLA – Digital Public Library of America http://dp.la/
• Bridgeman Art Library http://www.bridgemanart.com/
• Bridgeman Education http://www.bridgemaneducation.com/
• The Public Domain Review http://publicdomainreview.org/
• Art Resource http://www.artres.com
• Getty Images http://www.gettyimages.com/
• Corbis Images http://www.corbisimages.com/
• Wikimedia Commons http://commons.wikimedia.org/wiki/Main_Page
• CCC (Copyright Clearance Center) http://www.copyright.com/
Notes de l'éditeur
Probably the hardest part of sending out licensing agreements is doing the research to identify the current copyright holders.
A variety of resources exist that aid researchers, including:
the RCAAM and Museum IP listservs -
review past posts about copyright holders or post a new query to the group
the WATCH file –
“A database of copyright contacts for writers, artists, and prominent figures in other creative fields”
one of my first stops when I start researching copyright holders
and don’t forget to simply utilize Google to search for individual artist web sites and/or gallery representations
And, always be sure to check to see if the artist and/or the estate you are researching is represented by VAGA and ARS.
You won’t have a licensing agreement to send to one of these organizations, but you will at least know who to contact for any future clearances.
To further inform the balance of motives and access it is vital for museums to determine when they are comfortable asserting fair use verses when they need to clear permissions for their internal purposes.
To help museums with these determinations, non-exclusive licensing agreements sent to rights holders are an invaluable tool that informs museums about how and where they can use images of works that are under copyright in their collections.
It is important to point out that this is NOT a transfer or surrender of any rights.
Rather it is document that grants certain permissions.
Additionally, in the age of constantly evolving technologies and media formats, an agreement that is equally specific and broad is vital – such as the 5th point seen here where permission is sought for:
“…any and all media, whether now known or unknown, throughout the Universe.”
Restrictions:
No loans to the permanent collection;
No works with lender/donor restrictions;
No copyrighted works, UNLESS, IMA owns the copyright or clears the permissions to include the artist’s work(s);
No temporary exhibitions or rotations, UNLESS, a collection would not be otherwise represented (i.e. Textile and Fashion Arts).
One of our most popular images can be downloaded for free.
There are no copyright restrictions – it’s in the public domain.
The public domain means that the image or work can be used for any purposes
you are not required to provide a copy at all, but if you do, anyone can use it: you can’t specify how
you are not required to provide a high resolution image on request
So we offer it for easy download at a size we’re comfortable giving away.
But we charge for the time and effort of scanning/photographing/preserving when people need a high resolution image.
This allows us to support increasing and improving our digital collections.
And also applied to specific images to which we hold copyright.
(Discuss 2D - 3D distinction)
This past summer we updated our fee schedule to reflect our move to support scholarly publications.
If a publication-quality image file is already available of an artwork for an external request there are no fees assessed at all for research, teaching, or scholarly publications under 5,000 copies.
The only situation that might result in a fee being assessed for one of these types of requests is if a new scan or photography is required, which is a nominal charge of $50 per work.
By reducing fees, the IMA is seeking to disseminate images and foster scholarly endeavors.
To this end we are researching various types of open access models that will work with our overall goals and mission.
Importantly, we still want to know where and when our collection is being reproduced – not for control of the images or to charge fees, but to attempt to retain as complete a bibliography of where pieces in our collection are reproduced as is possible.
Now, as irony would have it – the fee reduction has actually let to more requests and more revenue as having to only pay for new photography is much less than have to pay for both new photography and reproduction fees.
And, now more of our collection is having publication-quality images created and more is being reproduced.
the public domain means that the image or work can be used for any purposes
Don’t put “All rights reserved” on a public domain image!
Ownership of a physical or digital object does not equal ownership of copyright
It’s not all right to “copyright” images that you acquired from another source.