COPYRIGHT & DIGITISATION OF CULTURAL HERITAGE Joris Pekel| Montpellier 2016

WHY YOU NEED TO KNOW ABOUT COPYRIGHT

Netherlands, CC BY-SA1911, Circus Museum

AnonymousTroupe Banola leur dernière création

The role of copyright in the cultural heritage sector

• Through the rise of the digital information society copyright plays a more central role in our society and has great impact on subjects like access to knowledge and culture, education, research and innovation

• Cultural Heritage Institutions (CHIs) have a mission to preserve and provide access to cultural heritage to citizens.

• Copyright law limits what CHIs can do with copyrighted works that they have in their collection (online publication requires permission from rightsholders)

CC BY-SACopyright and digitization of cultural Heritage

COPYRIGHT

Netherlands, CC BY-SACircus MuseumAnonymousCirque de Moscou

Copyright - the basics

CC BY-SACopyright and digitization of cultural Heritage

• Every creative work is automatically protected by copyright

• This is often until 70 years after the death of the author

• Having the physical object does not automatically grant you the copyright as well

What is protected by copyright?

• Only original expressions of ideas are protected under copyright law.

• Ideas are not protected

• Facts are not protected

• The European Court of Justice defines originality as “the Author’s own intellectual creation”.

CC BY-SACopyright and digitization of cultural Heritage

Main aspects

• Copyright is the exclusive right of the creator to the distribution and reproduction of his/her work

• Copyright is temporary: in general in Europe death of the last surviving author + 70 years.

• Copyright is automatic, there are no formalities required

• Copyright is (partly) transferrable

• Copyright is territorial: there are currently 28 different (but partially harmonized) copyright systems in the EU.

CC BY-SACopyright and digitization of cultural Heritage

RIGHTSHOLDERS

Netherlands, CC BY-SACircus Museum

AnonymousUntitled

Rightsholders

• In principle the creator is the rights holder of his/her work. Rights can be transferred and inherited.

• In many EU member states employees lose their copyright to their employer for works that are created as part of their employment contract

• Physical ownership of an object does not necessarily imply that the owner is the rights holder.

• A work can have multiple rights holders.

CC BY-SACopyright and digitization of cultural Heritage

Rightsholders and cultural heritage collections

• Rights are not automatically transferred when a cultural object is endowed, gifted or otherwise added to the collection of a CHI. This needs to happen through licenses or transfer of the economic rights via contract

• This is only possible when the person donating or selling the object is the rights holder of the object.

• With the layering of copyright and neighbouring rights consider the multiplicity of rightsholders

• Contracts/licenses from before the rise of the internet often do not include (or can exclude) online publication.

CC BY-SACopyright and digitization of cultural Heritage

The Europeana licensing framework aims to ensure that users of Europeana are provided with clear and easy to understand information on what theycan and cannot do with metadata and content that they encounter via Europeana.

France, Public Domain1588,  Bibliothèque municipale de Lyon

Hendrik Goltzius

Le dragon dévorant les compagnons de Cadmus

It ensures that all metadata 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.

France, Public Domain1932, National Library of France

Agence de presse Mondial Photo-Presse.

Tournoi royal de motos à Londres : changement d'une roue de side-car en marche

METADATA

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

Netherlands, Public Domainc. 1800 - c. 1810,  Rijksmuseum

Katsushika Hokusai

Kagamitogi

CONTENT

The Europeana Licensing FrameworkCC BY-SA

photo of the sculpture

a sculpture

What does a rights statement apply to?

Example of layers of rights present in a digital object

Rights statements apply to the © status of the digital object. The © status of the digital object is based on the copyright status of the underlying but can be different.

The Europeana Licensing FrameworkCC BY-SA

photo of the sculpture

a sculpture

What does a rights statement apply to?

Example of layers of rights present in a digital object

Rights statements apply to the © status of the digital object. The © status of the digital object is based on the copyright status of the underlying but can be different.

The Europeana Licensing FrameworkCC BY-SA

photo of the sculpture

a sculpture

What does a rights statement apply to?

Example of layers of rights present in a digital object

Rights statements apply to the © status of the digital object. The © status of the digital object is based on the copyright status of the underlying but can be different.

Works that are in the Public Domain

• If a work is in the Public Domain that does not automatically mean that the Digital Object is in the Public Domain. There can be rights in the digital reproduction or rights from laws other than copyright.

• In line with the Public Domain Charter Europeana encourages Data Providers to waive those rights (if they have them) by applying CC0.

• If the Data Provider does not want to waive these rights or if they are held by third parties an rights reserved statement or CC license can be applied.

The Europeana Licensing FrameworkCC BY-SA

Using Creative Commons Licenses

France, Public Domain1921, National Library of France

Agence de presse Meurisse

Colombes : championnats de France d’Athlétisme, le speaker

The Europeana Licensing FrameworkCC BY-SA

Creative Commons licenses

• Creative Commons licenses (including CC0) can only be implied by (or with permission of) the rights holder. Data providers cannot apply a CC license to digital objects for which they do not own the rights!

• Creative Commons licenses cannot be applied to Digital Objects that are in the Public Domain. They require an underlying copyright to be present.

• Europeana encourages data providers to use one of the 2 free CC licenses (CC-BY or CC-BY-SA) to enable maximum reuse (see the Europeana Publishing Framework)

The Europeana Licensing FrameworkCC BY-SA

Creative Commons: some rights reserved

CC BY-SACopyright and digitization of cultural Heritage

Main points

• Creative Commons (CC) licenses give universal permission for certain types of use of a copyright protected work.

• CC license can only be applied by the rightsholder of the work, or with explicit permission from the rightsholder.

• CC licenses are built up of three layers:

• The deed (human readable summary)

• The legal code (complete license in legal language)

• The data (the machine-readable layer for search engines)

• CC licenses cannot be revoked.

CC BY-SACopyright and digitization of cultural Heritage

Creative Commons license core elements:

CC BY-SACopyright and digitization of cultural Heritage

There are 4 main elements of the Creative Commons licenses which can be combined to form 6 different licenses (BY, BY-SA, BY-NC, BY-ND, BY-NC-SA, BY-NC-ND):

BY AttributionGive attribution to author and link to

license

SA ShareAlikeDerivative works need to be made

available under same license

NC NonCommercialRe-use is only permitted for non-

commercial purposes

ND NonDerivatives The work must not be modified

Public Domain Legal Tools

• Public Domain Mark: applied when there is no copyright in the material. It is meant as a signal to the end-user that they can reuse this material. Can be applied by anyone

• CC0 Public Domain Dedication: applied when there are copyrights or other rights in the material. The rightsholder waives all possible rights in the object and declares it to be in the public domain. Can only be applied by the rightsholder.

CC BY-SACopyright and digitization of cultural Heritage

21 October 2015

Thank you!

Kennisland, CC-BY 4.0

video material at Sound & Vision

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