Te Papa Rights Management Copyright Innovation and Creativity Seminar
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Presentation delivered to the Copyright Innovation and Creativity Seminar, Wellington, New Zealand. 24 October 2019
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Te Papa Rights Management Copyright Innovation and Creativity Seminar
- 1. Te Papa and Copyright Te Papa at dusk, 2015. Photo by Te Papa Imaging. Te Papa (108024)
- 2. Te Papa context Diamante tiara, 1980s, maker unknown. Gift of Robin Waerea and Jurgen Hoffman on behalf of Carmen Tione Rupe, 2013. CC BY-NC-ND 4.0. Te Papa (GH017677)
- 3. Red copyright, by Zscout370 via Wikimedia Commons. Public domain
- 4. Te Papa Press books, 2019. Photo by Maarten Holl. Te Papa (140415)
- 5. Issues of Tuhinga, 2017. Photo by Daniel Crichton-Rouse. Te Papa
- 6. Exhibition graphics testing, 2019. Photo by Daniel Crichton-Rouse. Te Papa (145787)
- 7. National Services Te Paerangi how-to guides, 2019. Photo by Daniel Crichton-Rouse. Te Papa (145788)
- 8. Waitangi Day Activity book, 2019. Photo by Rachel Hockridge. Te Papa
- 9. Screenshot from Te Papa blog, 2019
- 10. Agile in te reo Māori poster, 2018. Photo by Rachael Hockridge. Te Papa (113708)
- 11. The Current - sharing visitors responses, 2019. Photo by Jack Fisher. Te Papa (138189)
- 13. Snippet of script and image of Earthquake house interior, 2019. Photo by Maarten Holl. Te Papa (136446)
- 14. Michael Hall, Te Papa Photographer, 2011. Photo by Norm Heke. Te Papa (93176)
- 15. "Tamarau" Poupou (side wall post), by Rangi Kipa, 2019. Photo by Mark Tantrum Photography, 2019. Te Papa (145254)
- 16. A child explores the interactive room, the Climate Converter, 2019. Photo by Jeff McEwan. Te Papa (138506)
- 17. Illustrator Zoe Gillett working on the mural in Te Papa Hui | Backyard, 2019. Photo by Rachael Hockridge. Te Papa (135607)
- 18. Ko Rongowhakaata exhibition poster. Title type font designed by Wol Jobson © Te Papa and Rongowhakaata Iwi Trust
- 19. The Haast's eagle model in the workshop, 2019. Photo by Rachael Hockridge. Te Papa (135016)
- 20. Tsunami interactive in Te Taiao | Nature, 2019. Photo by Daniel Crichton-Rouse. Te Papa (145785)
- 21. Toi Art Portrait Wall Digital Labels interaction, 2018. Photo by Kate Whitley. Te Papa (106643)
- 22. Sensory Tour for Blind and Low-vision visitors, 2015. Photo by Norm Heke. Te Papa (120301)
- 23. Fire screen, made from a whale scapula., circa 1900, New Zealand, maker unknown. Purchased 2009. CC BY-NC-ND 4.0. Te Papa (GH012626)
- 24. Te Whare Rākau | Treehouse area in Te Taiao | Nature, 2019. Photo by Jeff McEwan. Te Papa (139217)
- 25. Kate Camp and Jack Fisher interviewing a visitor to Toi Art, 2019. Photo by Vioula Said. Te Papa (145612)
- 26. Sean Mallon, Senior Curator Pacific Histories & Cultures in the Pacific storeroom, 2019. Photo by Mark Tantrum Photography. Te Papa (145190)
- 27. Squid dissection video conference with Te Papa Educators, 2010. Photo by Te Papa Imaging. Te Papa (43267)
- 28. Images: Gilbert Stuart, John Singleton Copley, about 1784. (c) National Portrait Gallery London (NPG 2143) CC BY-NC-ND 3.0 North Island lichen moth, female, 2010. Photograph by Birgit Rhode, courtesy of Landcare Research CC BY 4.0 FOREST Summer 03 Cicada Motuoapa Kiko Rd Pine Birds Day 1, 2016. Audio by and courtesy of White Noise Ltd Velvet Whalefish, 2017. Footage courtesy of the NOAA Office of Ocean Exploration and Research, Discovering the Deep: Exploring Remote Pacific MPAs. Public domain.
- 29. What’s the mission for the Rights team? Bubbles, 2014. Photo by Clint Mason. CC BY 2.0 via Flickr
- 30. Leopard seal by Wellington boat sheds, 2019. Photo by Jean-Claude Stahl. Te Papa (141511)
- 31. Leopard seal by Wellington boat sheds, 2019. Photo by Jean-Claude Stahl. Te Papa (141510)
- 32. Visitor at Te Papa viewing the installation Top16, 2007-2017 by Janet Lilo, 2019. Photo by Johnny Hendrikus. Te Papa (136786)
- 33. Training and Templates N.Z. Cadets for Canada, 1912, by Zak (Joseph Zachariah). Purchased 2013. No known copyright. Te Papa (PS.003389)
- 34. Systems thinking & Automation Traffic lights, 2014 by Macropedius. Open Clip Art Library. Public domain
- 35. River water flowing around rocks, 2013. Photo by Michael Hall. Te Papa (46336)
- 36. Kiwis touching kiwi feet in Te Taiao | Nature, 2019. Photo by Jeff McEwan. Te Papa (138508)
- 37. Screen shot of Te Papa’s media library, 2019
- 38. Screenshot of EMu database, Te Papa
- 39. OpenGLAM logo, by Open Knowledge Foundation via Wikimedia Commons CC BY 3.0
- 40. Screen shot of www.collections.tepapa.govt.nz showing images with Unrestricted Reuse
- 41. Screen shot of www.collections.tepapa.govt.nz showing images with some reuse restrictions
- 43. Screen shot of www.collections.tepapa.govt.nz showing images with All Rights Reserved
- 44. Assessment Process Detail of Copyright Flowchart of Death by Victoria Leachman © Te Papa, 2018 http://bit.ly/CopyrightFlowchartofDeath
- 45. Orphan works Oliver asking for more, by George Cruckshank. No known copyright restrictions. British Library via Flickr https://www.flickr.com/photos/britishlibrary/11221739934
- 46. Leopard seal by Wellington boat sheds, 2019. Photo by Jean-Claude Stahl. Te Papa (141510)
Editor's Notes
- Kia ora koutou. Ko Victoria Leachman ahau and I’m the Rights Manager at the Museum of New Zealand Te Papa Tongarewa. I’ve been doing rights management work since 2006.
- Te Papa is an autonomous Crown entity funded partially by the Ministry for Culture and Heritage. We have a strong commercial imperative. Approximately 50% of Te Papa’s funding is sourced from the Crown. The remaining 50% is earned by our functions and catering teams, the carpark, retail, paid events, paid entry exhibitions and donations. The more money raised by the commercial team, the more Te Papa can do for the public good. The copyright works Te Papa staff create are not Crown Copyright. The copyright is owned by the Board of Te Papa. As a Crown entity Te Papa is strongly encouraged to consider the New Zealand Government Open Access and Licensing Framework when releasing copyright and public domain works for reuse. See: https://mch.govt.nz/funding-nz-culture/agencies-we-fund/heritage/museum-new-zealand-te-papa-tongarewa-te-papa
- I can safely say copyright touches the majority of the functions that Te Papa is expected to deliver. I think it will be easier to show you the diversity of copyright works Te Papa staff create and commission rather than leaving you to assume. So here goes…
- We write and publish books
- We write and publish peer reviewed research papers
- We also write exhibition label text
- How to guides for the galleries and museums sector
- Children’s activity books and teaching resources
- Newsletters and Blog posts
- And we also do translations and typographical arrangements
- There’s computer programmes – we either write or commission code to create digital experiences
- There are data sets created from collection record keeping, research, 3D scanning,
- We create or commission musical and dramatic works including film scripts, plays, and works of dance
- We create or commission a whole heap of artistic works such as photographs
- Sculptures
- animations
- Murals and illustrations
- Type fonts
- models and props (also sculptures)
- Physical interactives
- Digital interactives
- And prints from 3D scanning. This is a 3D print of a collection item. The original artwork looks like this:
- We design and create exhibition and storage furniture
- We create sound recordings and films of interviews, performances, oral histories, research trips, exhibition soundscapes – raw and final edits
- We deliver performances including lectures, floor talks, and presentations
- And we communicate works via live streaming, video conferences and various social media platforms
- And for everything that you’ve just seen – we also copy and use other peoples copyright works as well… heaps of them! So yeah, I think copyright is pretty important to the creative reuse machine that is Te Papa.
- The mission of my team is to make the barrier that is copyright as invisible and as permeable as possible. Our job is to minimise the risk of infringement by Te Papa whilst maximising ease of use and reuse of content for staff and the public of New Zealand. The team is currently 2.5 full time equivalents – A full time media and image researcher – mainly working on exhibitions, a .5 Rights officer – mainly working on assessing and licensing collection items and me – the Rights Manager Te Papa respects copyright – Every one of those products and outputs I’ve just mentioned is created or used by staff that are well aware that Te Papa cannot risk damaging its reputation. We rely heavily on the generosity of a wide variety of communities to accomplish our work – not the least of which is the copyright owner community. Without their support we wouldn’t be able to achieve what we deliver every year. We devote a lot of time and energy into making sure that what we use is correctly rights assessed and licensed where required. I’m not saying we’re perfect but Te Papa is rightfully risk adverse and is very conscious of its responsibilities. Most of the time when I talk about copyright to people outside of the museum sector they look at me like this
- and then like this
- Despite my enthusiasm for the topic, I can barely keep them awake. I learnt really quickly that most people aren’t that interested in copyright.
- But Te Papa staff are different. They know they’re responsible for doing the right thing and they are really keen to do the right thing. They want to get out there and make an impact on their audience and users. They just need help to share. If I didn’t work with such professional people – my job would be impossible.
- Te Papa has a distributed responsibility model. Staff are expected to be good public servants and they know copyright knowledge is part of their job. They need to know enough to know when they’ve struck an issue. I deliver regular training to staff and the wider Galleries, Libraries, Archives and Museums sector. Anything that’s out of the ordinary – I provide an advice service and help them. When I’m over my head then I’ll recommend talking to a lawyer and getting legal advice. We also have a suite of template documents to help workflows and minimise anomalies. All employees have employment contracts that vest all rights in their work to Te Papa. With our contract for services templates the standard position is that Te Papa will own the copyright in the outputs. And we’ve got established copyright license templates when licensing content for inclusion in the products we typically create. I spend around 60% of my time advising Te Papa staff on copyright issues – the outliers, the odd and the strange.
- The biggest advantage I have with managing rights at Te Papa is systems thinking. By ensuring Te Papa’s got good platforms and a good rights data schema we have been in a position to implement a traffic lights system on two key content management platforms. Staff understand that: Green is for GO – fine for Te Papa staff to reuse content in Te Papa projects for any purpose Amber is for Caution – look at the rights information as there might be some work they need to do before reusing that item Red is for Stop – go and have a chat with the Rights team – there’s an issue
- It’s no surprise to me that people lean to the green. People act like water and will take the easiest route. Give them a bank of content and a filter mechanism and most won’t even look at the Red or Amber content. They’ll sort and pick only Green. Except for Curators… those folk are always interested in particular and specific works – and it’s my luck that they always pick the ones we haven’t assessed or licensed yet!
- Ideally the Rights Team manage content on a “touch once” basis. The Rights team work with our digital platforms to make sure that staff don’t have to rely on checking with us every time they want to use a piece of content. We want to empower them to get on and do their own work. Our job is to build so much Green that Amber and Red work is manageable for the Rights Team.
- One of the two platforms with traffic lights is Te Papa’s digital asset management system. This contains non-collection digital media – both the stuff that Te Papa produces and the stuff that the Media and Image researcher sources and licenses from others. Rights information is entered systematically and then there are auto tasks that assign the traffic light values. Underneath all of these images is the traffic light word. I wish it was a colour but that’s not out-of-the-box functionality. This platform launched about 2 years ago so there is still a huge backlog of rights review to complete. Don’t forget – Te Papa is the latest name of an institution that has been around and been creating for 150 years. We’re still digitising that creativity as well as creating new content everyday. It’s a very long tail of content and rights management. I live with a large backlog of work that never seems to decrease. And sometimes it’s like sitting underneath a waterfall…
- The other key platform is Te Papa’s collection management database. Te Papa has a collection of over 2.5 million items and, of course, Te Papa is the main user of its own collection. We record information about these collection items in a database called “EMu” – the electronic museum. When I started in a rights role at Te Papa I started with 146 items that had been copyright cleared and out-of-the box functionality that was not optimised. 13 years later and I’ve got a resilient way of recording rights assessment, research and licenses. There’s just over 200,000 items that have been rights assessed and cleared. 200,000 of around 800,000 documented items with another 1.7 million items still to be digitally recorded. (Mostly scientific specimens and the philately collection). So not only is there a large backlog of rights management still to do – but also a large backlog of digitisation. I’m pretty happy how this platform is shaping up and I try and remain in a state of zen about the quantity of outstanding work.
- In addition to Te Papa’s use of items there is also growing worldwide movement towards making GLAM collections – that’s galleries, libraries, archives and museums – to make GLAM collections openly re-useable by the public. Public funding is supporting the collection and digitisation of this physical culture. The argument is that this digital material should be re-useable by anyone, where copyright permits. Te Papa’s collection is partially OpenGLAM. Ease of reuse isn’t just about rights. It’s also having a platform to provide the public with access to the high quality versions of the digital surrogate. Remember the traffic lights? Te Papa has also applied this thinking to our Collections Online website – the public face of the collections database. We make the public domain digital surrogate openly available for reuse. This means members of the public can download and reuse high resolution images of collection items depending on the rights statement. By being open Te Papa can significantly increase it’s impact on the culture, creativity, and gross domestic happiness of New Zealanders. We created this service for the public, but we soon realised that we had an unanticipated workflow efficiency - Te Papa staff use this service in preference to the back of house system as this service is quicker and meets their needs. For it’s collections – if Te Papa looks after the public then Te Papa automatically looks after its staff. Not every image is openly available. Te Papa reserves its commercial rights in some of the collection imagery we create and, of course, there are those with third party rights.
- But when you go into Collections Online and filter – you can see that Te Papa has over 50,000 collection items digitised with images ready for download and reuse by members of the public for any purpose whatsoever. This is the Green content.
- Te Papa has a further 15,000 items licensed with creative commons licensing where reuse for some purposes is allowed. At the moment we use a Creative Commons Attribution NonCommercial No Derivatives copyright licence. This is the amber content.
- When a user goes to download high resolution images – a handy rights statement pops up for the Green or Amber content to tell the user what they can and can’t do. It also gives them a cut and paste credit line for the image so they can attribute the work and be good scholars. And there’s a short survey where we ask why they are using the image. There are 18,000 downloads annually.
- Of course there are still All Rights Reserved material in Collections Online where there are third party restrictions. This is the red content and these images aren’t downloadable – this image shows those items from the Art collection that have a RED status.
- When dealing with all of this content – the main take out I want you to remember is that licensing is the easy bit. Assessing whether copyright applies to a piece of content and then figuring out who the rights holder is and where they can be contacted is the hard bit. I’ve got a 12 page A3 flow chart to try and figure this out and it covers the diversity of the material Te Papa reproduces and reuses.
- We spend a lot of time researching and hunting out copyright owners. For some items there comes a time when the trail runs cold. I have to judge whether a copyright work is an orphan work and whether to take the risk of reproducing it. I weigh up the public good verses the risk of copyright infringement action and what mitigation is possible. At last count we had 63,000 orphan works in the collection. Each of these has had a diligent search conducted to find the rights holder without success. We reproduce these in Collections Online in the hopes the copyright holder identifies the work and comes forward. We conduct another diligent search when these items are reused by Te Papa in other products. I feel I’ve barely scratched the surface of rights management at Te Papa… but that’s my 15 minutes up. Come and have a chat at the break if you want to hear more. I’m happy to talk to you until you look like this.
- Thank you.