Dr. Marta Bustillo
Assistant Librarian, Harry Clarke Studios Demonstrator Project
Digital Resources and Imaging Services, ...
The Harry Clarke Studios Demonstrator Project
Digitisation and cataloguing of Clarke Stained Glass Studios material held a...
The Digital Repository of Ireland
DRI is a trusted digital repository for Humanities and Social Sciences Data
- linking an...
The Demonstrator Projects: Partner Institutions
Clarke Stained Glass
➢Stained Glass and church decorating business,
founded by Joshua Clarke (1858-1921) ca. 1886.
➢Contin...
Demonstrator Project:
Types of Materials
➢Drawings and colour designs.
➢Correspondence.
➢Information about commissions.
➢S...
Irish Copyright Law
Copyright in Ireland currently governed by the
Copyright and Related Rights Act 2000.
Copyright expire...
Copyright Review Committee Report
Report from the government-appointed Copyright
Review Committee published in December 20...
The Harry Clarke Studios Project: Copyright Considerations
Three broad categories of items in the collection in terms of c...
Works in the public domain
Colour design for Saint Patrick's window at Letterkenny
Cathedral in Co. Donegal. Commissioned ...
Works under copyright produced by
Harry Clarke Stained Glass Ltd.
Assumption of the Virgin Mary and attendant angels.
Colo...
Works under copyright produced
by a known third party
Letter dated 08.11.53 from S[ister] W. Emmanuel, St.
Mary’s Dominica...
Works in copyright produced by a
known third party
Dominican Saints of the Rosary Series: Saint Catharine
de Ricci, valian...
Works in copyright produced by an unknown third party
Photograph of nuns and pupils of Saint Mary’s Dominican Convent, Dun...
Orphan works
European Digital Libraries Initiative : Launched in 2005 to provide a common multi-lingual access
point to Eu...
European Digital Libraries Initiative: Due Diligence Search
Main Principles for identifying and/or locating the rights hol...
European Digital Libraries Initiative: Due Diligence Search
The search should follow proper procedure in line with the app...
Clarke Studios Project Procedure
DRI recommends that collections for ingestion into the repository should follow the due
d...
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VRA 2014 Case Studies in International Copyright, Bustillo

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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.

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  • Clarke Studios Demonstrator Project: A digitisation project that poses unique copyright challenges, and exemplifies the issues that Cultural Heritage Institutions in Ireland face when clearing rights to publish specific materials online.A collaborative project between the Digital Resources and Imaging Services at Trinity College Dublin Library and the Digital Repository of Ireland. Assistance from the Manuscripts & Archives Research Library and the Preservation & Conservation Department at Trinity College.Image credits: David Clarke: Colour impression for a three-light window. Oil on millboard. Copyright for original object: Clarke estate. Image copyright: The Board of Trinity College Dublin. Reproduced with permission.
  • Digital Repository of Ireland: A national repository for social sciences and humanities data from institutions around Ireland, which provides a central access point for data sets from Irish academic and cultural institution. The aggregation of data sets allows for the creation of rich cultural narratives, using data from separate collections in an interrelated manner.
  • Six demonstrator projects showcase the different types of data sets that DRI is designed to ingest and host:National University of Ireland (NUI) Maynooth: Media envelope project uses data from national media to create rich narratives around specific dates in Ireland’s history, looking at cultural and social data.NUI Galway: A project around Irish Language and cultural heritage, it will address database issues related to the complexities of making multi-lingual data available for cross-searches in the repository.NUI Maynooth: Irish Lifetimes project: Uses audio data from oral history interview to record descriptions of everyday life in Ireland in times past.National College of Art and Design: Kilkenny Design Workshops: Digitises visual and documentary material related to Kilkenny Design Workshops, a firm founded by the Irish Export Board in 19163 to improve standards of design in Ireland.Trinity College Dublin: Clarke Studios Project: Digitises library-based materials connected with the Harrry Clarke Stained Glass firm.In total, the 6 demonstrator projects provide a rich set of interrelated data about Irish life and cultural heritage.
  • Clarke Stained Glass was a highly regarded and prolific firm, which created stained glass windows for churches in every county in Ireland, and also in the U.K., the U.S., Canada, Australia, New Zealand, Africa, etc. It was founded by Joshua Clarke ca. 1886, and continued by his sons Harry Clarke & Walter Clarke. Harry Clarke (1889-1931) is one of the most prominent Irish artists of the 20th century. His stained glass windows were highly original, and he was also well known for his illustrations of books such as Edgar Allan Poe’s ‘Tales of Mystery & Imagination’ and Hans Christian Andersen’s tales.Harry Clarke died in 1931, and his wife Margaret Clarke took over the running of the firm, with the help of a series of managers which included some of the most highly regarded stained glass artists of the period, including Terence Clarke, William Dowling, Richard King and many others.Image credits: J. Clarke & Sons: Colour design for unknown window depicting the Coronation of the Virgin. Ca. 1886-1930. Original work in the Public Domain. Image copyright: The Board of Trinity College Dublin. Reproduced with permission.
  • The Clarke Studios Collection in Trinity College is an extraordinarily complete record of the firm’s business transactions: it contains drawings and colour designs for hundreds of stained glass commissions, which show clearly how the work evolved from the initial sketches to the final presentation designs. It also contains the business records relating to the various commissions, including correspondence, details of each stained glass order, financial documentation, photographs, staffing documentation, and even printed material such as clippings from books and newspapers related to the iconography of specific commissions. It is an unparalleled record of how a business of this kind operated in 20th century Ireland.Image Credits: Harry Clarke Stained Glass Ltd.: Design for window of the Holy Spirit for a church in Cork City. 1966. Design rejected later. Rights for original work: Clarke estate. Image copyright: The Board of Trinity College Dublin. Reproduced with permission.
  • Shortcomings of the Copyright and Related Rights Act 2000:It does not mention orphan works.It has no fair use provision, although it does have fair dealing for individual research, private study, criticism or review.It does include a copyright exception for education, but this was initially difficult to implement, as it did not include mechanical copying. At present, the educational exception does allow reprographic copying of materials for teaching purposes. However, the copying should be of no more than 5% of a work per institutionper calendar year. In addition, the Irish Copyright Licensing Agency offers a licensing scheme for Irish higher education institutions, which allows staff to make multiple paper copies of licensed works for educational purposes, for instance for course packs. The number of copies is limited to the numebr of students in a class plus two for each teacher, and is limited to 5% of a book or a chapter or one article from any one journal issue.
  • Copyright in Ireland is currently in a transitional stage, both from the Irish and from the European point of view. The European Commission has recently conducted a consultation on copyright issues, and its findings will eventually influence copyright law at a European level. The Irish government also commissioned a report from a Copyright Review Committee, which was published in December 2013. It is now in the process of introducing legislation for approval by the Irish parliament, incorporating the Committee’s recommendations. For instance, a consultation on legislation regarding orphan works legislation in Ireland is currently under way.The recommendations of the Copyright Review Committee are beneficial for educational, heritage and cultural institutions in Ireland on a number of counts:Creation of a dedicated body, the Copyright Council of Ireland, which will be independent and self-funding, and will provide education and advice on copyright issues; advocate nationally and internationally and work to resolve difficult copyright issues.Creation of an Irish Orphan Works Licensing Agency, which will provide solutions to the problem of orphan works.Introduction of a fair use exception.
  • 1- Items produced by the firm: Since all business records in Ireland have a copyright term of 70 years from the time the item was created, any records from the Clarke Studios Collection created before 1944 are in the public domain. This could possibly apply also to the designs, if one were to consider them as records of a business transaction.Image credits: J. Clarke & Sons: Colour design for Saint Patrick’s window in Letterkenny Cathedral, County Donegal. 1901. Original work in the public domain. Copyright for digital image: The Board of Trinity College Dublin.
  • Material created after 1944 is under active copyright, which belongs to the Clarke Estate. The Board of Trustees at Trinity College is authorised to manage copyright for this material, and reproduce it as it sees fit for educational purposes. Therefore this material can also be included in a digital collection without any copyright issues arising.Image credits: 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 estate. Image copyright status: Copyright The Board of Trinity College Dublin.
  • This is a special case, because it is a letter from the Clarke Studios Collection, but it was written by a third party, a nun at Saint Mary’s Dominican convent whose name we know, but nevertheless we haven’t been able to find out anything about her. Therefore, although the third party is known, we can consider this as an orphan work, and will be putting it into out online collection.Image credits: Letter dated 08.11.53 from S[ister] W. Emmanuel, St. Mary’s Dominican Convent, Dun Laoghaire, to William Dowling, Harry Clarke Studios, Dublin. Slurce material copyright status: Orphan work. Digital image copyright: Copyright the Board of Trinity College Dublin.
  • This is an image of the cover of the life of Saint Catherine de Ricci, published by Dominican Publications as part of the series Dominican Saints of the Rosary. Although there is no publication data on the booklet, it is likely that it was published between 1950 and 1960, so the Source Material Copyright Status is Copyright Dominican Publications. The publishing house has been contacted for permission to use images of the booklet in this collection, but there has been no response from them, therefore it may not be possible to include these images in the collection
  • This photograph is also an orphan work. After due diligence searches have been carried out, it was decided to publish the work in our online collections, following the guidelines of the European Digital Libraries Initiative.Image credits: Photograph of nuns and pupils of Saint Mary’s Dominican Convent, Dun Laoghaire, Co. Dublin. ca. 1950-1964Source material copyright status: Orphan work.
  • Thanksfully, there are now specific guidelines regarding procedures for dealing with orphan works. The Digital Repository of Ireland has now decided on policy regarding depositing orphan works into the repository. DRI will accept orphan works, provided due diligence searches have been carried out and can be documented according to the guidelines provided by the European Digital Libraries Initiative.
  • The guidelines are clear and quite strict, particularly regarding the principles for identifying the rights holder.
  • The emphasis from these guidelines is on documenting the efforts made to locate a rights holder.
  • The challenge for digitisation projects in cultural institutions –not just in Ireland, but also elsewhere- is to find the time and personnel resources to be able to carry out due diligence searches.
  • VRA 2014 Case Studies in International Copyright, Bustillo

    1. 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. 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. 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. 4. The Demonstrator Projects: Partner Institutions
    5. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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.

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