VRA 2014 Case Studies in International Copyright, Ciuffa
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VRA 2014 Case Studies in International Copyright, Ciuffa

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Presented by Lavinia Ciuffa, at the Annual Conference of the Visual Resources Association, March 12-15, 2014 in Milwaukee, Wisconsin. ...

Presented by Lavinia Ciuffa, 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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VRA 2014 Case Studies in International Copyright, Ciuffa VRA 2014 Case Studies in International Copyright, Ciuffa Presentation Transcript

  • AMERICAN ACADEMY IN ROME PHOTOGRAPHIC ARCHIVE Lavinia Ciuffa l.ciuffa.ext@aarome.org design Maria Sole Fabri Visual Resource Association 32nd Annual Conference Milwaukee, WI, March 12-15, 2014 Session 9, Case Studies in International Copyright Compliance: Untangling the Web of Publishing and Sharing Copyrighted Content Online
  • AMERICAN ACADEMY IN ROME - PHOTOGRAPHIC ARCHIVE Law no. 633: "The author's right applies to any work of intellect of creative character in the fields of science, literature, music, figurative art, architecture, theatre and cinematography, no matter what style or form of expression”. THE LAW from Past to Present • Georgina Masson, Rome, Foro Italico, 1950
  • AMERICAN ACADEMY IN ROME - PHOTOGRAPHIC ARCHIVE “…the image is protected no matter which instrument and/or procedure is used to create it…” THE LAW and the Digital Era
  • Marco Delogu, Amphiteatrum Flavium, Rome, 2009 FULL PROTECTION: LIFE + 70 YEARS Ernest Nash, Amphiteatrum Flavium, Rome, 1950 PROTECTION: LIFE + 20 YEARS AMERICAN ACADEMY IN ROME - PHOTOGRAPHIC ARCHIVE Documentary Image WITHOUT PROTECTION Fototeca Unione Collection Creative/Artistic Image: Credits are mandatory and copyright depends on the agreement between parties Not creative/Simple Image: Credits always depend on agreements - Image can be legally used without credits
  • THE LAW and creative works AMERICAN ACADEMY IN ROME - PHOTOGRAPHIC ARCHIVE Mimmo Jodice, 1985 Bronze Athletes, Villa dei Papiri, Herculaneum The Italian Copyright Law has substantially one goal: To protect the photographer's creativity Entitled to full protection is the CREATIVE IMAGE: 1) Author’s name 2) Date in which the photo has been produced 3) The author of the subject depicted If a reproduction does not have the necessary data, unlicensed use of it will not be considered illegal unless the author can prove that the user of the image acted in bad faith
  • AMERICAN ACADEMY IN ROME - PHOTOGRAPHIC ARCHIVE John H. Parker Rome, Porta Ostiensis, 1866 THE LAW and Italian authors …using a variety of solutions… Apps: dwProtector/MooTools dwProtector/jQuery Super Simple Image Tiles TinEye
  • « La vie en rose» for Martini, by Armando Testa, 2009 Dolce & Gabbana, by Oliviero Toscani, 2012 Italian copyright law does not have an equivalent to fair use - Reproduction Rights - Distribution / Diffusion Rights - Elaboration Rights The LAW gives the photographer the authority to decide on the use of his images AMERICAN ACADEMY IN ROME - PHOTOGRAPHIC ARCHIVE
  • NEW MEASURES From March 2014, AGCOM can request the provider infringing copyright law: .To remove the single content from the site - if provider in Italy .To disconnect site access - if sites are based outside of Italy TH * The provider has 3 days to proceed or to reply to the accusation. * If no action is undertaken the provider will be fined up to € 250,00. AMERICAN ACADEMY IN ROME - PHOTOGRAPHIC ARCHIVE
  • AMERICAN ACADEMY IN ROME - PHOTOGRAPHIC ARCHIVE The copyright law is intended to ensure that the authors’ creativity is respected, but, at the same time, it is in conflict with online materials that are copyright free.
  • AMERICAN ACADEMY IN ROME - PHOTOGRAPHIC ARCHIVE Giancolombo, Struggle, Milan, 1948 www.giancolombo.it Roman Forum flooded, 1956 www.archivioprimoli.it PRESENT – HISTORICAL ARCHIVES Italian Visual Archives = independent organisms = a difficult re-adaptation
  • Italian Historical Archives & The Gap User & Archivist & Documentary Source Provider / on-line source World Wide WebPhysical Archive Traditional research (indexes, inventories...) User & On-line Research User / image User / Archivist The secular concept of Photographic Archive should change; with the WEB the relation between TIME and SPACE has changed: time is getting shorter while space is expanding AMERICAN ACADEMY IN ROME - PHOTOGRAPHIC ARCHIVE
  • Analogic + Digital - Conservation - Changing Roles - Structural Innovation - Law Adjustment Budget PAST & FUTURE The survival of many Italian Historical Photo Archives depends on their financial capacity and on their ability to adapt to important changes or they will become places of memory with no real use. Necessary innovation will require highly trained professionals and considerable financial backing in order to achieve: Conservation - Continuity and Progress AMERICAN ACADEMY IN ROME - PHOTOGRAPHIC ARCHIVE
  • Masson Collection Van Deman Collection Fototeca Unione Beato Collection Vermeule Collection Parker Collection Library Collection Gatteschi Collection Fototeca Unione Askew CollectionLandscape Collection Bini Collection The Photographic Archive of the American Academy in Rome preserves and provides access to a number of historic collections for the purposes both of research and of publication AMERICAN ACADEMY IN ROME - PHOTOGRAPHIC ARCHIVE
  • AMERICAN ACADEMY IN ROME - PHOTOGRAPHIC ARCHIVE • Over 10.000 pictures on the on-line digital database • KOHA: online catalog - open-source Integrated Library System • Fedora: digital central repository • www.aarome.org/research/photo-archive • staging.idra.info • library.aarome.org OurThe AAR Photo Archive on the web:
  • AMERICAN ACADEMY IN ROME - PHOTOGRAPHIC ARCHIVE Publications which run under 2000 copies are copyright free - Publication of books, magazines, catalogues/promotional use: € 40,00 per image - On cover/back-cover or spine additional charge: € 25,00 - Exhibitions, Reproductions in TV/Films: € 80,00 per image - E-books, e-journals, on-line versions/services: € 80,00 per image - Re-use of an image: 75% of the original fee per image http:// • We provide reproductions on the format and resolution requested • Rights Fee depends on the use
  • AMERICAN ACADEMY IN ROME - PHOTOGRAPHIC ARCHIVE The American Academy in Rome contributed with online images to the Project RECONSTRUCTING CITIES FROM PHOTOGRAPHS Supported by the National Science Foundation www.vimeo.com/32038695 A Project led by Prof. B. Frischer, University of Virginia and the University of Washington Computer Scientist S. Seitz
  • AMERICAN ACADEMY IN ROME - PHOTOGRAPHIC ARCHIVE Author: Prof. Brendan Nagle, USC. Prentice Hall, 2010 Authors: Nancy H. Ramage, Ithaca College, Andrew Ramage, Cornell University. Pearson, 2013 Author: Peter V. Jones, Keith C. Sidwell. Cambridge University Press, 2013 Images from the AAR - Photo Archive in books and e-books
  • AMERICAN ACADEMY IN ROME - PHOTOGRAPHIC ARCHIVE “Only one thing is impossible for God: to find any sense in any copyright law on the planet” [Mark Twain's Notebook,1902-1903] Lavinia Ciuffa Consultant Archivist l.ciuffa.ext@aarome.org