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

Dr. Marta BustilloAssistant Librarian, Harry Clarke Studios Demonstrator Project Digital Resources and Imaging Services, Trinity College LibraryDublin (Ireland)

The Harry Clarke Studios Project for the

Digital Repository of Ireland:

Copyright Considerations

Visual Resources Association 32nd Annual Conference, MilwaukeeSession 9, Friday, March 14th 2014: Case Studies in International Copyright Compliance: Untangling the Web of Publishing and Sharing Copyright Content Online

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/.

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/

The Demonstrator Projects: Partner Institutions

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.

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.

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.

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.

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.

Works in the public domainColour 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.

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.

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.

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

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

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).”

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

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

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.