A Museum Guide to Digital Rights Management David Green Knowledge Culture www.knowledgeculture.com Museum Computer Network Conference October 28, 2010 1 Available at: http://www.pro.rcip-chin.gc.ca/sommaire-summary/ gestion_numerique_droits-digital_rights_management-eng.jsp 1
Presentation of the "Museum Guide to Digital Rights Management," published by the Canadian Heritage Information Network, at the Museum Computer Network on Oct 28, 2010.
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Transcript
A Museum Guide to Digital Rights Management
David GreenKnowledge Culture
www.knowledgeculture.com
Museum Computer Network Conference October 28, 2010
1
Available at:http://www.pro.rcip-chin.gc.ca/sommaire-summary/
The Rooms: Provincial Archives, Art Gallery and Museum of Newfoundland
Vancouver Aquarium
Vancouver Art Gallery
Interviews (International)Denise Bastien, Museum of Rhode Island School of DesignJennie Choi, Billie Kwan & Julie Zeftel, Metropolitan Museum of ArtElspeth Cowell, Canadian Centre for ArchitectureDanielle Currie, Vancouver Art GalleryAlicia Cutler, National Museum of American HistoryAnita Duquette, Whitney Museum of American Art Syvalya Elchen & Jane Rhodes, Art Gallery of OntarioRosemarie Falanga, The ExploratoriumDenise Gosé, Center for Contemporary PhotographyNaomi Korn, Naomi Korn Copyright ConsultancyMary Kuch-Nagle, Digimarc CorporationDebra LaKind, Museum of Fine Arts, BostonErik Landsberg & Jeri Moxley, Museum of Modern ArtAlan Newman, National Gallery of ArtMarie-Claude Rousseau, National Gallery of CanadaJeff Sedlik, PLUS CoalitionDavid Sturtevant, Harvard Art MuseumsSimon Tanner, Digital Consultancy Services, King's College LondonDarci Vanderhoff, The Phillips CollectionLayna White, San Francisco Museum of ArtDeborah Wythe, Brooklyn Museum
“We’re still waiting for government policies and central mechanisms for e-commerce to be developed.”
“The chief stumbling blocks for us are limited resources and a need for faster development of online applications and image management (DAM) tools.”
“Inconsistent rights management prior to 2006 has made it nearly impossible to trace rights from some of the most useful images in our archives.”
“The collection database is not
online.”
Risk Issues in Perspective in Developing E-Commerce
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Value of imageTimeliness of use
Impact on scholarshipBenefit to museum “brand”
Audit + due diligence
Likelihood rightsholder appearLikelihood of suitImpact of potential suit on institution
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Weighing Risk Factors Against Benefits of Using
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Lesley Ellen Harris, “Developing A Copyright Risk Management Plan” www.copyrightlaws.com
• Origin of the work. Is the artist well known? ...
• Who will have access to the work? If it is being reproduced on the Web, then it is accessible to a huge number of people around the world.
• Can you afford litigation? Analyze your budget for after-the-fact royalty payments, settlements out of court, court-related fees, and infringement-related legal advice.
• What are the "political" consequences of using materials without permission?
• Do you have insurance coverage for copyright infringement?
• What are the "emotional" costs of a claim against you for copyright infringement?
• Weigh the time and inconvenience of dealing with an infringement claim with the advantages of using authorized materials.
“Concerns about risk are balanced with the objective of increasing access to collection material for research purposes by providing online access.”
Elspeth Cowell, Canadian Centre for Architecture
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D. Risk Management/Rights Protection
“It isnʼt that the technology isnʼt there or isnʼt efficient, but more that people at our institutions donʼt yet know enough about the various means of protecting works”