La journée soutenue par le LabexMed (https://labexmed.hyptheses.org) ainsi que le Consortium Musica de la TGIR Huma-Num (https://humanum.hypotheses.org/503) s’inscrivait dans le cadre du projet de rédaction d’un recueil de bonnes pratiques sur les questions juridiques et éthiques pour la diffusion des données de la recherche en sciences humaines sociales (https://ethiquedroit.hypotheses.org).

1. Copyright challenges and policy
choices in European heritage
projects
Tools, ethics and methods
LISETTE KALSHOVEN, MMSH, AIX-EN-PROVENCE , January 14th 2016

2. Who am I?
• Work at think and do-tank Kennisland
• Mission to make society smarter
• Work a lot with Europeana on (IPR) policy and advocacy
• Run IPR work package in Europeana Sounds
• Kennisland is Public Lead for Creative Commons Nederland

3. What we will discuss today
1. The copyright barrier in creating access to culture
2. Developing policies and using best practices
3. Advocacy for a more sensible copyright

4. The copyright barrier in creating access to
culture

5. • Digital revolution creates more possibilities to provide access
(cheaper to distribute information)
• More possibilities for interesting research due to modern
technologies (i.e. data mining)
• Citizens can engage with their culture, the more access the more
people can put things in perspective and learn
• More access online creates equality across Europe
• Creatives can more easily build upon our culture
Why (online) access to heritage

6. Chronological distribution of dcterms:issued values in Europeana dataset
1800-today (Data September 2015)
20th century black hole

7. “Why can I see, use and experience thoughts,
art and scientific discoveries from the
nineteenth century, but can’t I see what the
generation before me has improved on that?”

8. Copyright is…
• international
• temporary
• layered
• automatic
• equal

9. CC BY Kevin Dooley, selfie

11. Cultural experience the law allows
Through dedicated terminals
in cultural heritage
institutionsCC BY-NC-SA Renée Turner via Flickr

12. Cultural experience citizens expect
Through any device,
anywhereCC BY-NC-SA Kathy Cassidy

13. Do not resign to the system chosen
for you. Use the system.
CC BY-NC-SA Thomas Guignard
And change the system

14. Example: The Netherlands
Institute for Sound & Vision
Special thanks to Maarten Brinkerink from NISV for this case study

15. The organisation
• Sound and Vision (NISV) has one of the largest audiovisual
archives in Europe.
• The institute manages over 70 percent of the Dutch audiovisual
heritage.
• The collection contains more than a million hours of television,
radio, music and film from the beginning in 1898 until today.
• It collects, preserves and opens the audiovisual heritage for as
many users as possible: media professionals, education, science
and the general public.

16. The policy
• When NISV has determined material lies in the Public Domain,
we make it available without restrictions
• When the institution owns the IPR, they make it available for
reuse under an open license (Usually Creative Commons BY or
BY-SA)
• For the remainder of the collection NISV aims to obtain
permission to make the material available online, mainly through
stakeholder dialogue

17. Challenges
• Audiovisual material contains multiple layers of IPR
• NISV doesn’t know who all those rights holders are (and
sometimes nobody does)
• In practice, making audiovisual material available involves
takings risks
• NISV only owns the IPR of a fraction of the archive, and even less
is in the Public Domain
• If they know the relevant rights holders, they need to be
convinced to give permission

18. The results
• NISV holds an estimate of 1,000,000 hours of audiovisual
material

19. The results
• NISV holds an estimate of 1,000,000 hours of audiovisual
material
• About of third of the entire collection has been digitised (30%)

20. The results
• NISV holds an estimate of 1,000,000 hours of audiovisual
material
• About of third of the entire collection has been digitised (30%)
• NISV managed to make 1,800 hours available online (0.18%)

21. The results
• NISV holds an estimate of 1,000,000 hours of audiovisual
material
• About of third of the entire collection has been digitised (30%)
• NISV managed to make 1,800 hours available online (0.18%)
• Of which 320 hours are openly available or fall in the Public
Domain (0.032%)

22. Developing policies and using best
practices

23. We develop policies based on
what people want, what people
need and what sets a positive
example
Rijksmuseum collection, public domain

24. http://europeana.eu/portal/collections/music

25. (IPR) goals of Europeana
• Have clear rights information on the platform for users and re-
users of the cultural heritage
• Set standards for rights information in Europe and beyond
• Assist the network in developing best practices and policies in
rights clearance
• Advocate for a cultural heritage friendly copyright law

26. Metadata: CC0, Digital Objects: 13 rights statements

27. Metadata CC0, Digital Objects: 87.000 rights statements

28. The Europeana Licensing
Framework
Public Domain, collection of the SMK

29. The Europeana licensing framework aims to
ensure that users of Europeana are provided
with clear and easy to understand
information on what they can and cannot do
with metadata and content that they
encounter via Europeana.
Public Domain, collection of the SMK

30. It ensures that all metadata aggregated can
be published by Europeana under the same
terms and used by anyone for any purpose
without any restrictions. To achieve this
Europeana makes available all metadata
under the terms of the CC0 Public Domain
Dedication.
Public Domain, collection of the SMK

31. With regards to content that is made
available via Europeana, the licensing
framework provides a list of standardised
rights statements that must be used by data
providers to describe the rights status of the
digital objects that they make available via
Europeana.
Public Domain, collection of the SMK

33. http://pro.europeana.eu/edm-documentationhttp://pro.europeana.eu/available-rights-statements

34. We develop best practices and tools together
as a network
By listening, trying, sharing, listening and
improving
Rijksmuseum collection, public domain

35. For example: Ensuring the
accuracy of rights statements
Public Domain, collection of the SMK

36. Unmarked
All Rights Reserved
Unknown
Creative Commons
Public Domain

37. Selecting a rights statement can be tricky
License of the image

40. “We need to look out what our sector needs
to fulfil our public mission: making our
collections accessible.”
Credit: David Paul Carr/BnF

41. • We share all our documents (unless financial details are
included) under CC BY
• All the software we produce is open source (anyone can re-use)
• We share our metadata under CC0 under the DEA of Europeaan
• We share copyright information under the Europeana Licensing
Framework
• We aim to be as open as we can with collections, and label public
domain material as being public domain
Copyright choices in Europeana Sounds

42. • Have digital objects with clear copyright information
• Develop guides that help with rights clearance and developing a
copyright policy
• Investigate barriers to online access
• Consult with rights holder organisations to tear down barriers
• Research barriers from an academy point of view, improving
knowledge on how to obtain licenses
• Develop policy recommendation on how best to change the
system
IPR goals of Europeana Sounds

43. Principles of a rights clearance policy
• Have a clear, short, easy policy that non-lawyers can understand
• Respect intellectual property laws, respect the authors and rights
holders of the material
• Consult the paperwork (contracts, partners, appropriation policy)
• Determine which collections have priority
• Based on cultural value (academic or cultural)
• Based on copyright policy
• Create ‘cut-off’ points (too complicated to clear)
• Determine how much risk you are willing to take

44. Moral and ethical rights in collections
• Separate from copyright (IPR)
• Consider privacy laws
• Consider the wishes of the community (ask for permission)
• Especially in ‘colonial’ collections
• Consult the WIPO guidelines
• Communicate about the ethical situation on the website and in
the metadata
• When in doubt: do not put online

45. Ask for help
Public Domain, Rijksmuseum Collection

46. Work In progress: policy recommendations
Europeana Sounds policy
recommendations to
enable CHI to get more of
their collection accessible.

47. Advocacy for a more sensible copyright

48. We are in the middle of one of the
most fundamental shifts in how
we preserve and access our
cultural heritage

49. The current copyright system has
not been designed to for this
transformation. Our cultural
heritage institutions deserve
better, and the public deserves
better.

50. … better than an orphan works
directive that does not help with
mass digitisation…

51. … better than a copyright
directive that allows us to digitise
works only in certain special
cases.

52. … better than a copyright
directive that allows us to make
works available only via
‘dedicated terminals’

53. … better than a lending directive
that leaves libraries at the mercy
of publishers when they want to
lend out e-books

54. Europe needs a copyright system
that enables universal online
access to cultural heritage.

56. Thank you
Kennisland stands for a modern copyright for a modern
society, and advices organisations on the sharing of
knowledge and collections.
Lisette Kalshoven lk@kl.nl / @LNKalshoven
This presentation is licensed under a Creative Commons Attribution license.