Copyright and Intellectual Property David Dawson Director Wiltshire Archaeological and Natural History Society With thanks to Naomi Korn Copyright Consultancy for advice, but any errors are mine!

Wiltshire Archaeological and Natural History Society museum, library, archive, publisher Independent Only £35,000 in public funding ...

museum, library, archive, publisher

Independent

Only £35,000 in public funding ...

Our Collections ...

Digital Collections Images on collections database Video on YouTube Images on Flickr Pilot Newspaper scanning project Sponsored by Document Control Services

Images on collections database

Video on YouTube

Images on Flickr

Pilot Newspaper scanning project

Sponsored by Document Control Services

Previously on ... Used to work at MDA (Collections Trust) – trained people in documenting photographs MLA Member of Libraries and Archived Copyright Alliance and Museum Copyright Group Took part in Intellectual Property Office consultations Spoke to All-Party Parliamentary IT Group Advised DCMS Represented UK in Europe on Orphan Works initiative

Used to work at

MDA (Collections Trust) – trained people in documenting photographs

MLA

Member of Libraries and Archived Copyright Alliance and Museum Copyright Group

Took part in Intellectual Property Office consultations

Spoke to All-Party Parliamentary IT Group

Advised DCMS

Represented UK in Europe on Orphan Works initiative

COPYRIGHT BASICS It is much more complicated than this, but this is bad enough ...

It is much more complicated than this, but this is bad enough ...

Basics - 1 Copyright exists when a work is created – it does not need to be stated or registered Slightly different rules apply to literary and artistic works ... (as well as typography, moving images, music etc) Copyright belongs to the creator except Where the creator is employed under the PAYE scheme and creates the work in the course of their employment Where the creator signs away their copyright

Copyright exists when a work is created – it does not need to be stated or registered

Slightly different rules apply to literary and artistic works ... (as well as typography, moving images, music etc)

Copyright belongs to the creator except

Where the creator is employed under the PAYE scheme and creates the work in the course of their employment

Where the creator signs away their copyright

Basics - 2 Copyright last for 70 years after the death of the creator Or 70 years after commercial publication by a company Or 50 (or 125) years for Crown Copyright, 50 for sound recordings, 25 for typography etc Possession is NOT 9 / 10 of the Law! It doesn’t matter if you own the photo, painting, film etc etc

Copyright last for 70 years after the death of the creator

Or 70 years after commercial publication by a company

Or 50 (or 125) years for Crown Copyright, 50 for sound recordings, 25 for typography etc

Possession is NOT 9 / 10 of the Law!

It doesn’t matter if you own the photo, painting, film etc etc

© Tim Padfield - see www.collectionslink.org.uk

Basics - 3 Moral rights Creator has a right to be identified Creator has a right to object if their work is used in ways that they would not approve of

Moral rights

Creator has a right to be identified

Creator has a right to object if their work is used in ways that they would not approve of

Basics - 4 A work may have multiple rights Film is a nightmare – each element has its own copyright Story Script Performance Music Photography Etc etc

A work may have multiple rights

Film is a nightmare – each element has its own copyright

Story

Script

Performance

Music

Photography

Etc etc

Grey Area If you scan something that is out-of-copyright, you can argue that you create a new ‘artistic work’ and therefore create a new copyright The US Courts do not agree with this but should agree that if you carefully light an object to photograph it, then this is an ‘artistic work’ and subject to copyright

If you scan something that is out-of-copyright, you can argue that you create a new ‘artistic work’ and therefore create a new copyright

The US Courts do not agree with this but should agree that if you carefully light an object to photograph it, then this is an ‘artistic work’ and subject to copyright

CREATING CONTENT That’s the hard part over!

That’s the hard part over!

We are all pirates ... Most of us are breaking the law all the time Scanning a photo Downloading a picture Burning a CD to MP3 We could all be sued ... But damages should be related to the economic harm done to the rightsholder

Most of us are breaking the law all the time

Scanning a photo

Downloading a picture

Burning a CD to MP3

We could all be sued ...

But damages should be related to the economic harm done to the rightsholder

Digitisation projects You need to understand who owns the copyright of everything you want to digitise Who created the work? When did they die? Were they employed by your organisation? Did they sign over their copyright? For many things in your collection, you won’t know the answers!

You need to understand who owns the copyright of everything you want to digitise

Who created the work?

When did they die?

Were they employed by your organisation?

Did they sign over their copyright?

For many things in your collection, you won’t know the answers!

So you know the creator! Congratulations! Either pay them a reproduction fee Or ask them nicely ... Outcome will depend upon the material, economic value, nature of the project etc There might be a Collecting Society – they collect a standard fee and redistribute to rightsholders Eg PRS for playing recorded music

Congratulations!

Either pay them a reproduction fee

Or ask them nicely ...

Outcome will depend upon the material, economic value, nature of the project etc

There might be a Collecting Society – they collect a standard fee and redistribute to rightsholders

Eg PRS for playing recorded music

Make plenty of time to clear rights – it takes longer than you think! Allocate resources for rights clearance (staff time and salaries, administration costs and potential rights clearance fees Identify the range of rights which will require clearance, and for how long the rights will be needed Record this information on a rights management database Carry out an IPR risk assessment, prioritise high risks and incorporate risk mitigation strategies into project planning Finalize how the material will be reproduced and any other treatment (i.e. interaction, manipulation and alteration) Compile a list of the various ways in which the material will be used now and in the future Identify rights holders and request permissions to reproduce the material in the ways that you require (including the terms under which you wish to make it accessible). Request permission in writing Use, if necessary, different types of licences according to your rights holders Rights Clearance Checklist Information from Naomi Korn Copyright Consultancy

Make plenty of time to clear rights – it takes longer than you think!

Allocate resources for rights clearance (staff time and salaries, administration costs and potential rights clearance fees

Identify the range of rights which will require clearance, and for how long the rights will be needed

Record this information on a rights management database

Carry out an IPR risk assessment, prioritise high risks and incorporate risk mitigation strategies into project planning

Finalize how the material will be reproduced and any other treatment (i.e. interaction, manipulation and alteration)

Compile a list of the various ways in which the material will be used now and in the future

Identify rights holders and request permissions to reproduce the material in the ways that you require (including the terms under which you wish to make it accessible).

Request permission in writing

Use, if necessary, different types of licences according to your rights holders

Orphan works Where you do not know the creator Where you do not know who are their heirs 5-10% of works in collections are Orphans Only answer – ‘due diligence’ Demonstrate that you have tried to trace them Keep copies of letters, advertise locally, advertise on your website etc WATCH File http://tyler.hrc.utexas.edu/ Guidance developed at a European level and agreed with publishers (see SCA in further info)

Where you do not know the creator

Where you do not know who are their heirs

5-10% of works in collections are Orphans

Only answer – ‘due diligence’

Demonstrate that you have tried to trace them

Keep copies of letters, advertise locally, advertise on your website etc

WATCH File http://tyler.hrc.utexas.edu/

Guidance developed at a European level and agreed with publishers (see SCA in further info)

Manage the risk Demonstrate your good faith Show you have done your best to seek permission Ask rightsholder to tell you if a work is theirs and offer to remove immediately while you check and do a deal Are you going to make real money from the project? Be explicit about non-profit / educational use

Demonstrate your good faith

Show you have done your best to seek permission

Ask rightsholder to tell you if a work is theirs and offer to remove immediately while you check and do a deal

Are you going to make real money from the project?

Be explicit about non-profit / educational use

MAKING LIFE EASY FOR YOUR USERS

Make it easy for your users Tell them how they CAN use your content Licencing Will depend upon the content you have and what agreements you have made for your project You can only licence the content you own or have negotiated a licence for

Tell them how they CAN use your content

Licencing

Will depend upon the content you have and what agreements you have made for your project

You can only licence the content you own or have negotiated a licence for

Provides a range of licences for different uses Allow commercial use? Allow modifications? Allow others to share their modifications? Human, lawyer and machine-readable versions of the licences Used by Flickr, Wikipedia etc

Provides a range of licences for different uses

Allow commercial use?

Allow modifications?

Allow others to share their modifications?

Human, lawyer and machine-readable versions of the licences

Used by Flickr, Wikipedia etc

COPYRIGHT AND US ...

Flickr

Further information Collections Link - good basic information www.collectionslink.org.uk Strategic Content Alliance – full toolkit http://sca.jiscinvolve.org/ipr-publications/

Collections Link - good basic information

www.collectionslink.org.uk

Strategic Content Alliance – full toolkit

http://sca.jiscinvolve.org/ipr-publications/

Funny YouTube video about US copyright law created by splicing together short Disney clips 

[email_address] No copyright holders have suffered economic harm in the making of this presentation