The document discusses the Brooklyn Museum's copyright project. It aims to make the museum's collection available online while respecting artist rights. The project involves classifying works, researching copyright status, obtaining non-exclusive licenses from artists, and educating staff. Over 5,500 works by 372 artists were cleared through interns contacting artists, galleries, and researching estate contacts over two years. The document provides resources for understanding copyright law and researching artist rights.

1. Rights transparency
The Brooklyn Museum
Copyright Project
November 1, 2010Burtynsky Show 1
Copyright Project
Deborah Wythe
MCN 2010

2. Rights transparency
The Brooklyn Museum
Copyright Project
November 1, 2010Burtynsky Show 2
Copyright Project
Deborah Wythe
MCN 2010

4. Digital Lab Mission:
Create, manage, make accessible and
preserve digital images documenting the
Museum collections, research resources, andMuseum collections, research resources, and
activities.

5. Digital Lab Mission:
Create, manage, make accessible and
preserve digital images documenting the
Museum collections, research resources, andMuseum collections, research resources, and
activities.

6. Copyright project goals:
• Make as much of the collection
available as possible
• with as few restrictions as possible• with as few restrictions as possible
• as openly as possible
• while respecting the rights of the
artists

7. Joe Overstreet (American, born 1934). Power Flight, 1971. Acrylic on canvas with metal grommets and
white rope, . Brooklyn Museum, Gift of Mr. and Mrs. John de Menil, 72.165. © artist or artist's estate

8. Joe Overstreet (American, born 1934). Power Flight, 1971. Acrylic on canvas with metal grommets and
white rope, . Brooklyn Museum, Gift of Mr. and Mrs. John de Menil, 72.165. © artist or artist's estate

9. on brooklynmuseum.org
http://bit.ly/busrdM
The “Bird Lady”
Female Figure, ca. 3500-3400 B.C.E. Terracotta, painted, 11 1/2 x 5 1/2 x 2 1/4 in.
(29.2 x 14 x 5.7 cm). Brooklyn Museum, Charles Edwin Wilbour Fund, 07.447.505.
Creative Commons-BY-NC

10. http://bit.ly/aYYgUs
Holy crow! that's the statue that was seen in Sunday's 1st Episode of
the HBO show TrueBlood!!
posted by Marlene F. Emmett 12:23 06/16/2009

11. Step 1: understand the law
(favorite resources)
•Copyright and Cultural Institutions
(Hirtle, Hudson, Kenyon)
• The Public Domain (Fishman)• The Public Domain (Fishman)
• Copyright Term and the Public
Domain in the United States
(Hirtle)

12. . . . and figure out how to apply it
within our context
• define Object Rights Types (ORTs)
• work with TMS administrator to set
up controlled vocabulary

13. Set up
ORTs
inTMSinTMS

14. Step 2: classify the art works
and assign ORTs
• 2D or 3D?
• art or “useful object”?
• dated?• dated?
• artist dates?
Maintain ORTs over time
• review audit trail for relevant changes

15. Step 3: clear legal hurdles
• explain mission & goals
• propose website text
• understand legal counsel’s approach
(you may need to explain it later)(you may need to explain it later)
• review and revise
• draft non-exclusive license
• recognize and accept risk

17. Step 4: the web interface
• TMS data (ORT and rights statement)
joins approved text and
commentary via programmingcommentary via programming
• boilerplate rights statements serve as
placeholders until works cleared
(“© artist or artist’s estate”)

19. Step 5: obtain non-exclusive license
• research contact information
• generate letter and license
• follow up
• update TMS with rights status• update TMS with rights status
and approved rights statement
• license now part of acquisitions
process

20. The problem:
John La Farge (American, 1835-1910). Diadem Mountain at Sunset, Tahiti,
1891. Transparent and opaque watercolor, resin, on paper, 16 3/4 x 22 1/4
in. (42.5 x 56.5 cm). Brooklyn Museum, Gift of Frank L. Babbott, 19.80

21. Interns!
Develop a structure
and procedure that
are endlessly
The solution:
Martin Johnson Heade (American, 1819-1904). Two Humming Birds:
"Copper-tailed Amazili," ca.1865-1875. Oil on canvas, 11 9/16 x 8 7/16 in.
(29.3 x 21.5 cm). Brooklyn Museum, Dick S. Ramsay Fund, 64.208
are endlessly
replicable.

22. Process
• research artists on the Web first,
then in analog resources
• record artists and contacts in an
Access database
• track activities in Access• track activities in Access
• use TMS reports and Word templates
to generate letters and licenses
• letters and licenses routed via staff
member for review and continuity

24. Strategize – select your targets
• artists with multiple works
• artists with works on view
• artists included in upcoming shows
• low-hanging fruit• low-hanging fruit
artists with websites & email
contacts, living artists, artists who
write to you for any reason
• galleries that represent multiple artists

25. Expand:
• develop procedures for dealing with
orphaned works
• develop standards for researching
copyright status of individual works
• collaborate with staff in other
museums to share research and
results

26. Results:
• 5571 works (21%) by 372 artists
(7.5%) cleared
• six interns, Jan 2008 – August 2010
120-hour internships, all stayed on
past the end date

27. Added benefits

28. Educate
• give staff presentations about ©
• gatekeepers in Editorial and Design
make sure that images are
cleared
• information is readily available in
DAMS and online
• be ready to answer questions

29. Conclusions and observations
• interactions with artists are positive
• gallery representatives least likely to
grant full non-exclusive license
• finding estate contacts is most difficult• finding estate contacts is most difficult
• reaction to website and blog posts
overwhelmingly positive
• be willing to take the heat, revise and
correct: perfection is not the goal

30. The secret
revealed:
To insert the ©
symbol in TMS,
typetype
Alt + 0169
Happy end!
Jean-Michel Othoniel: The Secret Happy End.
[03/--/2010---/--/2---]. Installation view.

31. RESOURCES
Learn about copyright
Copyright and Cultural Institutions: Guidelines for Digitization for U.S.
Libraries, Archives, and Museums. Peter B. Hirtle, Emily Hudson,
Andrew T. Kenyon E-book (free download):
http://ecommons.cornell.edu/bitstream/1813/14142/2/Hirtle-
Copyright_final_RGB_lowres-cover1.pdf
Print: https://www.createspace.com/3405063Print: https://www.createspace.com/3405063
The Public Domain: How to Find & Use Copyright-Free Writings, Music,
Art & More. Stephen Fishman
Print or e-book: http://www.nolo.com/products/the-public-domain-
PUBL.html

32. RESOURCES
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
Cornell University Copyright Information Center
http://www.copyright.cornell.edu/resources/http://www.copyright.cornell.edu/resources/
Columbia University: Copyright Quick Guide
http://copyright.columbia.edu/copyright/copyright-in-
general/copyright-quickguide/
Fair Use, Center for Social Media, American University
http://www.centerforsocialmedia.org/fair-use

33. RESOURCES
Rights and Reproductions Information Network
http://www.rarin.org/index.php?title=Main_Page
VRA Intellectual Property Rights News
http://vraiprnews.wordpress.com/
College Art Association: IP resources
http://www.collegeart.org/ip/
Copyright Watch: monitors international laws
http://www.copyright-watch.org/http://www.copyright-watch.org/

34. RESOURCES
Was it registered?
The Catalog of Copyright Entries, published volumes of copyright registrations
and renewals prior to 1978
http://onlinebooks.library.upenn.edu/cce/
Online registration and renewal information, 1978 to present
http://www.copyright.gov/records/
Find artist contacts:
The WATCH File (Writers, Artists and Their Copyright Holders, University ofThe 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

35. RESOURCES
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/
Researching artists:
MUSIP: Museum IP Yahoo group
http://groups.yahoo.com/group/musip/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/CRSAmemberlist.pdf

36. RESOURCES
The Brooklyn Museum copyright project
http://www.brooklynmuseum.org/community/blogosphere/bloggers
/tag/copyright
Working Guidelines for the Copyright Project
Little Images, Big Art
Copyright is ComplicatedCopyright is Complicated
Doing the Right Thing
Deborah Wythe
Head of Digital Collections and Services
deborah.wythe@brooklynmuseum.org
or
copyright@brooklynmuseum.org