Building Digital Capacity in the Arts: Rights and IP


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Presentations from the final seminar in our digital training programme for the arts sector, developed in partnership with BBC Academy.


- Ben Green, BBC: "Finding the right approach: working your way through the Rights maze… "

Case studies: Contracts and collaboration

- Roxanne Peters, Project Manager and Vicky Panter, Documentation Manager, V&A - V&A online collections
- Jo Higgins, Young People’s Web Content Manager, South London Gallery - RE:creative

Case studies: Innovative approaches to rights clearances

- Carolyn Royston, Head of Digital Media, Imperial War Museums - "Digital collections and cultural change"
- Charlie Gauvain, Managing Director, Eye Film and Television- John Peel archive

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  • Welcome to the seminarBill Thompson, Chair, Head of Partnership Development, BBC Archives
  • Who is your audience? A History of the World in 100 ObjectsWorking in partnership to engage new audiences across different digital platformsAndrew Caspari, BBC Head of Speech Radio and Classical Music, Interactive
  • 1.50pm Case Study: Tyneside CinemaHow the Tyneside Cinema is using digital content to engage new audiences: the role of the artist; the importance of curation; the revenue model and future plans. Dominic Smith, Digital Projects Manager
  • 1.50pm Case Study: Tyneside CinemaHow the Tyneside Cinema is using digital content to engage new audiences: the role of the artist; the importance of curation; the revenue model and future plans. Dominic Smith, Digital Projects Manager
  • 1.50pm Case Study: Tyneside CinemaHow the Tyneside Cinema is using digital content to engage new audiences: the role of the artist; the importance of curation; the revenue model and future plans. Dominic Smith, Digital Projects Manager
  • The Imperial War Museum was founded in 1917 while the first world war was still going on - and is the world’s leading authority on conflict and its impact, focusing on Britain, its former Empire and Commonwealth. Right up to the present day.It has 5 sites – 3 located in London, 1 near Cambridge, and one in the North of England. And they are all ‘very’ different… This is our flagship branch in Lambeth.
  • This is the Churchill War Rooms – which is a bunker under the treasury - where Churchill basically planned the successful war campaign.It is a time capsule, left untouched, with Churchill's famous trademark cigar still sitting in the ashtray.
  • In contrast – HMS Belfast – one of the last surviving ships to take part in D Day - is moored on the Thames, in the heart of London.
  • This is IWM North which has been opened for ten years. It specializes in the impact of war focussing more on the lives of the people living in the North of England.
  • And finally, IWM Duxford, near Cambridge – this is the largest aviation museum in Europe. It’s a working airfield and a heritage site with RAF bases dating back to the first world war.
  • Our collection is vast and diverse. And contains…The Oldest film archive in the UKThe Second largest sound archive after the BBCOver 11 million photographsThe Second largest contemporary art collection in the UK after TateMillions of documents, diaries, papersOver 140,000 large objectsIt’s a very contemporary collection as the museum only started collecting in 1917, and it is quite unique as we are able to cover each conflict of the 20th century using the entire range of the collection dating back to the First World War where we have film of the Battle of the Somme.So in essence we have a collection that is made for the digital environment and the challenge was to try to use it as effectively as we can for that medium.
  • This was our old collections online and image sales website. You could search for about 250,000 collection items.It was difficult to search, very curatorial in design rather than user-focussed.Did not encourage exploration or discovery. Very separate to the other parts of the website.
  • It would bring back a collection of images
  • Click on one get a description and a image no bigger than 400 pixels would be shown. You were not able to click on the image to see a larger version and Your journey would end here as there were no related items. You would need to start your search again to look for something else.Art collection was not watermarked
  • But all the photographs were heavily watermarked
  • as well as film which is sold on a separate Film Sales siteThe overall attitude was one of extreme risk-adverseness and almost active discouragement of any type of enjoyment of our collections unless you licensed something or saw it at a physical site.
  • We were also discouraged from using our assets in other 3rd party sites.For example, in 2010, for the 70th anniversary of the outbreak of the Second World War, digital media wanted to use Google Maps to show photographs of the blitz and where they were located. The photo archive reluctantly allowed us to use 10 photographs after much negotiation. We used the photographs and asked the public if they could help us to identify the location of the images – within 20 minutes of posting this request, people started responding.We told our Director General and she asked us why we hadn’t included more photos in the activity?
  • The turning point came about with our new website and collections search. We engaged staff in a series of workshops that discussed how we might:Open up the potential of digital to enable people to learn, explore, create with our contentDiscussed what new digital products and services might look like Explored what the impact might be for staff on their working practiceWhat we got back overwhelmingly and particularly from curators was:We want people to know about our incredible collectionsThe new website should provide a shop window for people to be able to not only see what we’ve got but also engage with the content in meaningful waysWe should be proud of our collections and expertise and not restrict access to them.We should go beyond our website and let users engage with our collections where they want to.So this in effect gave me a mandate to forge ahead to change our approach to IP and copyright using the website and new collections search as vehicle to do this.
  • To give you an idea of the way IWM is set up. We have a Collections Management Dept that manages the digitisation process, the collections management system and digital assets management system. Apart from digitisation for museum preservation, there are two main public facing channels – either via our public programme, which includes exhibitions, website, in-gallery multimedia, mobile, social media, and other digital channels. Or commercial which includes both B2B customers licensing our collections and B2C customers via the online shop, Prints website.There is also a part-time IP officer who has been in place since early 2011 that is based in the Publishing Dept and works across the organisation to co-ordinate IP and copyright. We also have a copyright group consisting of key stakeholders that meets quarterly to discuss IP and copyright issues, agree strategic approach, and oversee implementation.We then started to make changes.
  • So after the consultation with staff, we designed a website that put the collections at the heart of the site. We used large images, and where possible became collections led in everything we do.A website led by our collections show visual browse
  • We reflected back what the curators had told us they wanted with the collections search – bigger images, related collection items to view – we increased the amount by over 500,000. We now have 750,000 collection items including film and sound.We added related places, events, themes and keywords so that users can continue their journey of interest.The collection items are indexed by Google so that users can now go directly to the items they are interested in via the search.
  • Large watermark free images.Large sub-set of data moved to an IWM version of the Open Government Licence that enables users to embed photos, film and sound on their own channels.Attribution — You must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work). Noncommercial — You may not use this work for commercial purposes. No Derivative Works — You may not alter, transform, or build upon this work. We have retained a separate B2B image sales and licensing site and film sales site as we feel these users have different requirements and needs than the general user
  • We created a series of Collections in Context articles – there are about 120 on the website and growing – that are collections-led articles providing easy access into the major stories and themes of the museum.
  • Our next development, which will launch later this month is to add a new function called Social Interpretation to all 750,000 of our online collection items. This will enable users to curate their own collections, annotate, comment and engage in conversation with other users and with IWM. This will be post-moderated and will seamlessly link in with our new in-gallery digital interpretation and via a mobile app, where users will have access to the same activity.This is a Nesta-funded R&D project and the aspiration is that it will eventually roll-out to more galleries in the museum and unify our in-gallery and offsite audiences.We are hoping that the experience we are gaining in post-moderation, using an extremely sensitive and challenging collection, will provide an exemplar for other organisations in the sector to engage in digital participatory activity.
  • An example of a collection of ‘My favourite tanks’
  • We have also branched out to social media channels and other 3rd party sites.Last year, we launched a Flickr activity putting 100 images of some of the first items the museum collected when it opened in 1917. Families donated photographs of serving soldiers in the First World War so that the museum could record their experiences. In most cases, the photographs only have a name, rank and unit.We had over 1.5 million hits over the Armistice weekend when we put the photographs on Flickr.
  • We have had a range of responses from people providing more information and in many cases telling us more about the images, and more importantly engaging in our collections in new and often very deep and meaningful ways.
  • We have also started to develop strategic partnerships with 3rd party sites such as Historypin where we have our own channel and a collection of photos and film. Again we will continue to add to these.
  • We added some colour film of the Blitz.
  • Google Art Project where we have some of our art collection
  • This again moved the organisation on as we were required to submit images at higher resolution and size than on our website.The argument is that our artwork, unknown to most (and as I said earlier the second largest contemporary collection after Tate) can be viewed by a much greater audience and in the context of other great works of art.
  • And BBC’s Your Paintings – again the same argument as Google Art Project. This time using a different part of our Art collection. We have something like 2,000 works of art here.
  • Next project later this year will include a large-scale crowd sourcing activity involving over 120,000 photographsI believe this approach is applicable to any small or large organisation. The exciting thing is that the discussions around IP and copyright have opened up thinking in many areas of the organisation and started to link them together:Digital strategyDigitisation strategyRelationship of commercial activity to public programme and accessThe way the organisation is structured and needs to change to accommodate new ways of working in the digital world
  • 1.50pm Case Study: Tyneside CinemaHow the Tyneside Cinema is using digital content to engage new audiences: the role of the artist; the importance of curation; the revenue model and future plans. Dominic Smith, Digital Projects Manager
  • 1.50pm Case Study: Tyneside CinemaHow the Tyneside Cinema is using digital content to engage new audiences: the role of the artist; the importance of curation; the revenue model and future plans. Dominic Smith, Digital Projects Manager
  • Welcome to the seminarBill Thompson, Chair, Head of Partnership Development, BBC Archives
  • Case Study: www.beaplaywright.comThe evolution of the ‘be a playwright project’ from off-line to online: the processes involved; how the project is managed, creating content, the business case. Gez Casey, Literary Manager at Live Theatre 
  • Building Digital Capacity in the Arts: Rights and IP

    1. 1. #digicaparts Network name GUEST_NETWORK
    2. 2. Welcome Edward Morgan,Executive Producer, BBC Network name GUEST_NETWORK
    3. 3. Introduction Anthony LilleyChief Creative Officer and CEO of Magic Lantern Network name GUEST_NETWORK
    4. 4. Rights mazeBen Green, Head of Rights Business Development,Talent & Rights Negotiation Group, BBC Network name GUEST_NETWORK
    5. 5. Ben GreenHead of Rights Business Development Talent & Rights Negotiation Group BBC 9th July 2012
    6. 6. Finding the right approach:working your way through the Rights maze… Original photograph by Computer Guy. Used under CC BY 2.0
    7. 7. BBC Rights and Business Affairs:What We DoPart of BBC Vision, but undertakes Rights and BusinessAffairs management across the BBC as a whole(including Radio & Online), including: - negotiating agreements for BBC in-house productions; - commissioning independent productions; - rights for sports and news programmes; - rights to use feature films and other acquired programmes/ series
    8. 8. Background – A reminder• Rights are at the heart of everything we do: Creator (£2.2bn), Buyer (£0.7bn) & Seller (£1bn)• Changing audience needs; transformative technology; public service/commercial; intense competition; VFM: continuous improvement• Challenges – regulatory; fragmentation; own/store/use/share; increased rights awareness• Opportunities - £1bn contribution to UK creative economy; global brand; great showcase; multi-media; quality
    9. 9. Some figures….Artists, contributors and copyright 300,000 contributor contracts issued each year 600,000 contributor payments made each year 200,000+ items of music use reported each week 200+ staff approximately in Rights and Business Affairs
    10. 10. Innovation poses challenges in terms ofcopyright and rights clearances for the BBCNew technologies such as the iPlayer have entailed disproportionatecomplexity in clearing material – 8 years to negotiate rights agreements before the BBC iPlayer could be launched – 70 new agreements were reached – Still issues in some areas…
    11. 11. Disclaimer
    12. 12. What is copyright?• Legal protection given to the creator or author of original literary, dramatic, musical or artistic work – or „other works‟ (sound, film, broadcasts, typo arrangements)• Control over when (and how) copies are made• Granted automatically when a work is first created• Copyright works have to be substantial – “a work of the brow”• „Ideas‟ aren‟t protected – must be in a material form• „Moral Rights‟ – paternity, integrity & privacy
    13. 13. What is copyright?• Copyrights aren’t trademarks• Different copyrights have different durations – usually 70 years from the death of the author/ creator, or 50 years from first publication or release• Assignments & Licences• Exceptions?• Just because it’s online, doesn’t mean it’s free to re- use…
    14. 14. What sort of copyright? Literary: Musical: Performers: scripts mechanical actors extracts composition singers books grand rights musicians stuntmen poetry speeches Artistic: articles photographs Other: artworks databases Footage: transparencies direction film plans choreography stock recipes sports
    15. 15. Various bodies
    16. 16. Contributor rights are acquired andcleared under:- collective agreements- collective licences, and- agreed standard terms where possible
    17. 17. Contracting models –All Rights acquired• Comprehensive rights contracts under contracts of employment or other terms which grant all rights, so that the BBC can use the programme contribution without any further consent or the requirement to make an additional payment e.g. – Members of the BBC Orchestras – Employees e.g. journalists, script editors – TV and Radio presenters – “Talks” contributors (Radio or TV quiz programmes)
    18. 18. Contracting models –Collective Agreements• Collective agreements which determine the rights granted and payment terms under individual contracts e.g. – Actors – Scriptwriters – Freelance musicians• Agreements between the BBC and, for example, Equity (for actors) set out minimum payments for the initial contribution and when certain further uses of the programme will result in further payment• These agreements help producers and broadcasters when the trade union is mandated to agree that new terms (e.g for on-demand uses) apply retrospectively to contracts made under previous versions of the agreement
    19. 19. Contracting models –Collective Licensing• Collective licences specifying the rights granted or grant all rights covered by a blanket payment e.g. – MCPS-PRS (musical works) – PPL (sound recordings) – Directors UK (freelance directors)• Widely used for the licensing of music rights but also in other areas e.g freelance directors and for some uses of actors‟ performances• A grant of rights is specified in relation to a defined repertoire usually for a lump sum payment supported by reporting from the licensee so that payments can be distributed
    20. 20. Contracting models –standard terms agreements• Standard contract terms which grant certain rights initially and provide for other rights of usage to be paid for subsequently e.g. – Artistic works – Photographs – Published material – Film sequences• The standardisation of terms avoids the need for individual negotiations in relation for example to the use by the BBC of hundreds of photographs which are incorporated into TV programmes every year• These arrangements improve efficiency but require intensive ongoing rights administration
    21. 21. Rights clearance of archive
    22. 22. Rights Checklist• Programme Rights - who owns the programme itself? - current commercial exploitation? - distribution rights still under licence? - any acquired third-party film within the programme/clip?
    23. 23. Rights Checklist• Contributor Rights - can involve many different rights owners / contributions (performers, writers/ authors, stills/ artworks, presenters, etc) - older material = increased risk (older records incomplete, can‟t trace owners) - don‟t assume going to be difficult - some rights already acquired (or just need to pay) - seek advice from respected organisations – avoid setting unhelpful precedents
    24. 24. Basic questions…Start with basic questions:• What archive material / copyright work is required?• What use is to be made of it?• Where will it be accessed?• Free or Pay?
    25. 25. …but quickly move onto…• Live „broadcast‟ or „making available‟• Streamed or downloadable?• If downloadable, is it protected (DRM)?• Temporary or permanent?• Public service „free‟, or commercial?• If commercial, what type of exploitation?• Closed environment, or open?• If open, UK only or global?• Is user going to be able to manipulate or re-use content?
    26. 26. COMPLEXITY! Original photograph by Smabs Sputzer. Used under CC BY 2.0 Generic
    27. 27. ‘Rights-light’ areas ofarchive• „Stock‟ film• Local News• General Events• „Ob-docs‟
    28. 28. …and ‘Rights-heavy’• Drama & Comedy• Documentaries• Arts & Culture• Music performances – pop & classical
    29. 29. Doctor Who: Initial rights contracting 1-2 2 2+ 1 1 1 16 23 1 14 12 15
    30. 30. Doctor Who:Secondary clearances * APPS WITH SOUNDBOARDS
    31. 31. Areas to avoid…• Sport• Historical docs (because of stills/ acquired film issues)• Acquired programming (not BBC‟s)• Royal Events
    32. 32. Crediting appropriately• Copyright holders have, unless waived, a “moral right” to be identified as author of the work in law• YouTube or Twitter aren‟t authors. The people who make the footage/stills/text and post them on these services are• Creative Commons (CC) Licences often only require accreditation• Credit the right people!
    33. 33. Common clearance issues• Don‟t run out of time – you can deliver great projects & products when adequate contracting and clearance time built into planning…• Always best to agree the uses and stick to them (or a clear, phased approach) – „scope-creep‟ may be costly/time consuming (if need to re-negotiate rights)• Budget appropriately for rights payments(incl. underwriting risk/„Await Claim‟ fund), AND the clearance resource• Find a rights expert…
    34. 34. Common clearance issues• Prioritise the material and have „back-ups‟• If material un-clearable/ too costly (e.g. acquired film) then editing costs need to be factored in• Important to have clear management of the project – who makes final editorial selection?• If you are serving programme material including music, you will require your own music performance licence(s) – PRS/ PPL
    35. 35. Q and AChaired by Anthony Lilley Network name GUEST_NETWORK
    36. 36. Case studies: Contracts and collaboration V&A online collections Roxanne Peters, Project Manager, Rights Management Review Vicky Panter, Documentation Manager, V&A Network name GUEST_NETWORK
    37. 37. Mission Possible ‘To be the world’s leading museum of art and design; enriching people’s lives by promoting knowledge, understan ding and enjoyment of the designed world.’©Victoria and Albert Museum, London
    38. 38. Collections at the V&A  2,233,293 items  1,179,407 museum objects and works of art  The website is at the heart of the V&A’s public portfolio ©Victoria and Albert Museum, London
    39. 39. Striking the balance V&A as a rights owner andrights user Maximise revenue andoptimise free access©Victoria and Albert Museum, London
    40. 40. Collections online at the V&A 1999 – 2002 ‘Images Online’ 1,500 objects and images 2003 – 2009 ‘Access to Images’ 56,235 objects and images©Victoria and Albert Museum, London
    41. 41. V&A’s Award-winning Search the Collections 2009 – present ‘Search the Collections’©Victoria and Albert Museum, London
    42. 42. V&A’s Award-winning Search the Collections 1.1 million objects 274,000 images©Victoria and Albert Museum, London
    43. 43. Search the Collections and Rights Clearance Point of entry….©Victoria and Albert Museum, London … point of use
    44. 44. V&A Licensing model – Access and Re-use  Search the Collections  Image Licensing, V&A Enterprises Ltd  New licensing models©Victoria and Albert Museum, London
    45. 45. Getting it Right  Optimum access to global audiences  Pursue best practice of rights management©Victoria and Albert Museum, London
    46. 46. Case studies: Contracts and collaboration REcreativeJo Higgins, Young People‟s Web Content Manager, South London Gallery Network name GUEST_NETWORK
    47. 47. 48
    48. 48. 49
    49. 49. 1) Terms & Conditions – a user agreement for community members2) When creating content for REcreative 50
    50. 50. “Respecting someone else’s intellectual property rights then, means not using or copying their work without their permission and if they are happy for you to use their work, making sure you say that it is theirs and not yours.”Declaring your work as your own; crediting the work of othersWhat is intellectual property?SLG’s commitment to Intellectual PropertyWhat you can and cannot do with the content you find on REcreative 51
    51. 51. 52
    52. 52. 53
    53. 53. Q and AChaired by Anthony Lilley Network name GUEST_NETWORK
    54. 54. Refreshment break Network name GUEST_NETWORK
    55. 55. Case studies: Innovative approaches to rights clearances Digital collections and cultural change Carolyn Royston, Head of Digital Media, Imperial War Museums Network name GUEST_NETWORK
    56. 56. About me• Head of Digital Media• Department just 3 years old• Responsible for all public facing digital outputs: – Website – In-gallery multimedia – Mobile – Social media – Strategic digital partnerships with 3rd parties• I‟m not an expert on digital rights and not responsible for this area in the museum – I am a key stakeholder!
    57. 57. What I will cover• How IP and copyright has become a driver for change• The journey we have taken with IP and copyright over the past 3 years and how the Digital Media dept has contributed to that• Believe the approach to change is applicable to small or large organisations
    58. 58. IWM Collection• Oldest film archive in the UK• Second largest sound archive after the BBC• Over 11 million photographs• Second largest contemporary art collection in the UK after Tate• Millions of documents, diaries, papers• Over 140,000 large objects
    59. 59. IWM in 2009• No Digital Media department• Old website and collections online no longer fit for purpose• Little social media presence or relationships with 3rd parties• Very complex IP and copyright issues• Extremely risk-adverse in approach to collections• Lack of co-ordinated approach or strategy to managing digital rights across the organisation
    60. 60. So what enabled a change to happen?• Began to develop requirements for a new website and collections search in 2010• Carried out museum-wide workshops to engage staff with new website• Published a digital strategy with the aspiration of opening up our collections and encouraging active participation with our audiences• A copyright group was formed consisting of key stakeholders• Formalised processes and approach to IP and copyright
    61. 61. Public ProgrammDigital Assets emanaged by CollectionsManagement Dept Commerci al
    62. 62. IWM: a new website…
    63. 63. How did we make it happen?• Used projects to open up discussion and thinking – often at no extra cost• Involved relevant staff throughout• Ensured strategic body in place to provide framework for incremental change• Participated in small, low-risk activity to demonstrate worth and risk management• Implemented technology that allows for organic growth in line with organisational needs
    64. 64. Where are we now?• IP officer has become pivotal position in museum• IP and copyright is of interest to everyone in organisation• IP and copyright has become a real driver for change• Need to keep reviewing position and be flexible to adapt to rapidly changing environment• Opening up collections forces organisation to think about different business models and income generation – it is a positive change• Our collection sales have risen since the launch of the new website and collections search, and more permissive rights• IWM has moved from being risk-adverse to risk-aware – this has opened up thinking and created many more opportunities
    65. 65. Carolyn
    66. 66. Case studies: Innovative approaches to rights clearances John Peel archive Charlie Gauvain, Managing Director, Eye Film and Television Network name GUEST_NETWORK
    67. 67. Case studies: Innovative approaches to rights clearancesRe-imagining the literary essay, a London Review of Books commission Ollie Brock, Digital Archive Researcher Network name GUEST_NETWORK
    68. 68. Q and AChaired by Anthony Lilley Network name GUEST_NETWORK
    69. 69. Chair’s summary Anthony Lilley Network name GUEST_NETWORK
    70. 70. Closing remarks Edward Morgan Network name GUEST_NETWORK
    71. 71. NetworkingNetwork name GUEST_NETWORK
    72. 72. #digicaparts Network name GUEST_NETWORK