All
I am chairing the Visual Arts bit of the EU Working Group on Orphan
Works. The due diligence guidelines are being finalised now, with a view
to them being adopted ready for launch in June.
There will not be legislation on Orphan Works, but I hope that this, and
some interesting ideas being discussed in the UK about licencing, and
the real interest of the Intellectual Property Office will bring some
interesting developments over the next few months.
While I don't want to go over the ground of Creative Commons and images,
it is worth pointing out that using CC for metadata makes the
development of data-sharing much simpler. MLA has been using this
approach for some time, as it clarifies the various relationships that
need to be developed in a world where you cannot predict where you will
want your metadata to be appearing, helping to connect users to your
content.
David
David Dawson
Senior Policy Adviser - Digital Futures
Museums, Libraries and Archives Council (MLA)
Victoria House, Southampton Row, London WC1B 4EA
Email: [log in to unmask]
www.mla.gov.uk
-----Original Message-----
From: Museums Computer Group [mailto:[log in to unmask]] On Behalf Of
Nick Poole
Sent: 21 April 2008 21:17
To: [log in to unmask]
Subject: Re: copyright licensing and museums /CC
Hi Mia,
Many thanks for this.
The issue of due diligence is interesting - and provides a mechanism by
which we could satisfy both the 'get it out there' view and the 'manage
the risk' view. One thought is that if we are able to aggregate object
metadata from museum Collections Management Systems, it should in theory
be possible to publish a live record of those works which are classed as
orphans in copyright terms, and through the magic of web services, share
this record with existing 'due diligence' databases such as the WATCH
File (http://tyler.hrc.utexas.edu/). I know David Dawson at MLA has just
returned from a series of discussions about this in the context of the
EDL.
Since publication of orphaned works is in theory a step in the direction
of due diligence, we could both be disseminating *and* adding value at
the same time (which I believe is the essence of Mike's suggested
route). To make such a feedback loop work, we would need to ensure that
we had policies in-house governing what we do in the event that a
rightsholder comes forward, but at this stage I would argue that
established mechanisms would come into play, such as traditional
licensing.
Just to clarify - I'm not against the 'get it out there' model, I'm just
advocating an approach which gets the content out there in ways which
are managed, responsible and sustainable. I might disagree with Mike
that once you hit the web, all control is lost, but equally I like very
much Tehmina's more balanced assessment that there is no single
universally applicable model.
Not all content is equal, some audiences are willing to pay, some
material will generate you enough income to pay your electricity bill
for a year (and some will never pay for itself). Maybe CC+ works for
you, maybe it doesn't. What I'm mainly saying is that I think we need to
get ahead of the curve and start making informed choices about the
specific models we will and won't use in specific circumstances.
Where we are right now feels like chasing after fashion and establishing
positions just because there's some cool things happening in tech world.
Without sounding too apocalyptic, there is just going to be far less
money around in the next 4 years, and so we need to make sure we spend
it wisely.
Nick
Nick Poole
Chief Executive
Collections Trust
www.collectionstrust.org.uk
www.collectionslink.org.uk
www.cuturalpropertyadvice.gov.uk
Tel: 01223 316028
Fax: 01223 364658
Until the end of April 2008, the Collections Trust's legal trading name
is: MDA (Europe) Ltd
Company Registration No: 1300565
Reg. Office: 22 Hills Road, Cambridge, CB2 1JP.
The Collections Trust believes that everybody, everywhere should have
the right to access and benefit from cultural collections. Our aim is to
develop programmes and standards which help connect people and culture.
The Collections Trust was launched from its predecessor body, the MDA,
in March 2008.
-----Original Message-----
From: Museums Computer Group [mailto:[log in to unmask]] On Behalf Of
Ridge, Mia
Sent: 21 April 2008 20:25
To: [log in to unmask]
Subject: Re: copyright licensing and museums /CC
It looks like the European Digital Library (EDL) might be causing some
movement in that area:
http://ec.europa.eu/information_society/newsroom/cf/itemdetail.cfm?item_
id=3366
Europe's Digital Library experts set to focus on copyright today
(includes a link to the pdf overview 'Report on Digital Preservation,
Orphan Works, and
Out-of-Print Works.')
http://www.edri.org/edrigram/number5.8/copyright-digital-libraries
"The model recommended by the group covers for the time being orphan
works (works with no identified right holders) and out-of-print works
(no longer for sale) but leaves room for further coverage of commercial
publications.
As regards the orphan works, the group suggested non-legislative
solutions like databases dedicated to information on orphan works,
embedding better rightsholder data in digital material, and negotiating
better contracts between stakeholders. It has also reviewed several
legislative proposals to determining when the search for the owner of an
orphaned work is diligent."
cheers, Mia
-----Original Message-----
From: Museums Computer Group on behalf of REYNOLDS, Trevor
Sent: Mon 21/04/2008 7:30 PM
To: [log in to unmask]
Subject: Re: copyright licensing and museums /CC
One thing which would make life much easier is EU legislation on
orphaned works. I understand that Canada now has such legislation.
Trevor Reynolds
Collections Registrar
English Heritage, 36 Hospital Fields Road, York, YO10 4DZ
Telephone +44 (0)1904 610322
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