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...
Upcoming SlideShare
Loading in …5
×

Marta Bustillo - The Harry Clarke Studios Project for the Digital Repository of Ireland: Copyright Considerations

1,045 views

Published on

Presentation to the Visual Resources Association 32nd Annual Conference, Milwaukee, Wisconsin.

USAVisual Resources Association 32nd Session 9: Case Studies in International Copyright Compliance: Untangling the Web of Publishing and Sharing Copyright Content Online.

Date: March 14, 2014

Published in: Technology, Education
0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total views
1,045
On SlideShare
0
From Embeds
0
Number of Embeds
153
Actions
Shares
0
Downloads
8
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

Marta Bustillo - The Harry Clarke Studios Project for the Digital Repository of Ireland: Copyright Considerations

  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.

×