Birmingham Museum and Art Galleries (Case study)

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Contents

OVERVIEW


This case study, commissioned by the Strategic Content Alliance as part of its IPR Toolkit is one of seven forming an analysis of publicly funded e-content initiatives, which demonstrate the flow of content, value and rights across the respective seven representatives of the Strategic Content Alliance (SCA) sponsors. The IPR Case Studies report co-ordinated by NaomiKorn Consulting is addressed to senior decision makers across public-sector bodies and aims at providing a coherent account of best practices of managing publicly funded e-content. It is licenced for use under the Creative Commons Attribution-Noncommercial Works 2.0 UK: England & Wales Licence.


Background


This case study examines copyright management practices across Birmingham Museum and Art Galleries (BMAG), their online database (BMAGiC) and the Pre-Raphaelite Resource Project.


Key content features


  • Digitization in the BMAG context occurs either as part of a specific project, such as the Pre-Raphaelite Resource Project or in the context of an on-going digitization process as a result of specific requests for exhibitions publications or individual requests.
  • The digitization process involves the two or three-dimensional scanning of objects contained in the BMAG collection, i.e. primarily digital photographs and in some cases videos.
  • Multiple layers of rights are likely to exist in the digitised image, if the underlying work is still in copyright, such as rights in the artistic work and its digital surrogate. Where the underlying work is not in copyright, as in the case of the Pre-Raphaelite works, then copyright is likely to exist just in the digitised image.


Rights ownership and obtained permissions


  • The copyright in the main bulk of the content made available in an electronic form is owned by BMAG or out of copyright.
  • When the copyright in the content that is to be digitised and displayed does not belong to BMAG, then permissions are sought. If the ownership of the copyright in the work is difficult to be established, as is the case with orphan works, it is most likely that the whole procedure, due to cost reasons will not be initiated and the content will not be made available to the public.


Value Gains


  • Allowing access in all possible ways.
  • Increasing the visibility of the collection.
  • Ensuring quality, attribution and provenance with respect to the collection items.


Terms of Access and Use


  • The licensing schemes used for the dissemination of the material vary in accordance to the quality of the digitized artefact: high resolution images are only made available to commercial users for a premium fee, whereas low resolution images are made available for free for non-commercial, private and educational uses to the general public.
  • End-users are allowed to copy but not to re-distribute or re-purpose the content for personal, non commercial, educational and research purposes only.
  • The terms of Access and Use are communicated to the end user in a variety of ways, ranging from copyright notices and statements on the BMAGIC web site when the user is to access content from the BMAGIC site, to personal communication with the user, supported by contractual terms, when premium quality images are requested.


Links to IPR Toolkit Resources as PDFs


IPR Toolkit

Background papers

Creative Commons Licences

Web 2.0 and IPR

Web 2.0 and Legal Issues

Reports

IPR Toolkit Overview

IPR Case Studies Full Report

Practical tools

3.1 Getting Permissions

3.2 IPR Risk Assessments

3.3 Terminology Toolkit Paper

3.4 Top Tips for Issuing Licences

3.5 Top Tips for Requesting Licences

3.6 Model Consent

3.7 IPR Model Licence

3.8 Template Email Permissions Form

3.9 IPR Template Permission Letter

3.10 Rights Management Template

3.11 IPR FAQs

3.12 Model Contractual Clauses for Requesting Permission from Staff

3.13 Example Consortium Agreement

3.14 Model Contractual Clauses for Requesting Permission from Students/Volunteers

3.15 Model contractual clauses for requesting permission from freelancers/subcontractors

3.16 Template Terms and Conditions of Service

Template policy statements

2.1 Draft Institutional IPR Policy Statements

2.2 IPR and Licensing Blue Print for Funding Bodies and Recipients of Funding


Related Digipedia links


Copyright

Creative Commons

Digital content and the law

Digital Economy Act 2010

IPR and licensing

IPR and licensing: scenarios

IPR and licensing toolkit

IPR case studies

IPR FAQs

IPR licensing blueprint

IPR policy statement for the public sector

IPR terminology toolkit

IPR Toolkit navigation map

Orphan works and risk management

Web 2.0 and IPR factsheet

Web 2.0 and legal issues factsheet


Further information


General resources

Intellectual Property Office: Overview of the legislative framework and policy issues/developments regarding Intellectual Property Rights

Office for Public Sector Information: Information about Crown Copyright material, click use licence for reusing Crown Copyright material and access to the consolidated copyright legislation.

British Library Business and IP Centre: Provision of resources, support and advice relating to the creation and exploitation of IP within a business context

Licensing schemes and open content licensing initiatives

Copyright Licensing Agency (CLA)

Design and Artists Copyright Society (DACS)

Creative Commons

Resources for health professionals

National Library for Health

Resources for schools, colleges and universities

JISC Digital Media Online Image Finding Tutorial: Interactive tool providing information about how to find images online which can be used with the least amount of restrictions

Web2Rights Project: JISC funded project providing interactive copyright and other legal issues tools, resources and charts for use by JISC funded projects

JISC Casper: Interactive tools and associated resources for dealing with copyright issues in schools and projects who are reusing content

JISC IPR and Web2.0 Animation: IPR and Web2.0 animation commissioned by JISC and built around the Web2Rights project deliverables

Becta: Information about IPR for schools

JISC IPR Consultancy: Briefing documents about IPR and monthly IPR Newsletter

JISC Open Content Licences Overview Paper: Overview paper providing guidance about the use of open content licences for JISC funded projects

JISC Model Licence Interactive: Interactive tool which provides an overview of the benefits of the JISC Model Licence

TrustDR Project: JISC funded project providing supporting documentation relating to the establishment of a digital rights management system for repositories

JISC Legal: Support for HEIs and FEIs on legal issues

OSS Watch: Support for HEIs and FEIs on open source licences

Resources for the cultural heritage sector

Collections Link: Comprehensive resources relating to IP and licensing for cultural heritage bodies

UKOLN


Harvested links



Copyright Essentials
A Collections Trust factsheet providing an introduction to copyright law for the non-specialist collections manager. [?]
Training Course: Copyright Essentials
This training course provided by Museums Galleries Scotland offers an introduction to the principles of copyright within the context of caring for collections. It offers basic and practical training, [?]
New guide to copyright for cultural heritage organisations
The Collections Trust is delighted to announce the publication of a new guide to copyright for cultural heritage organisations. [?]
Collections Management Network website
Collections Management Network (CMNetwork) is a consortium of consultants, advisers and trainers with expertise in collections management. We work together to provide practical, authoritative, cost ef [?] <span id="fck_dom_range_temp_1287584946184_396" />


[[Role::newcomer]] [[Role::strategy manager]] [[Role::policy maker]] [[Role::project manager]] 
[[Role::content manager]] [[Role::acquisitions manager]] [[Goal::managing]] [[Goal::copyright]] 
[[Goal::IPR]] [[Goal::legal]] [[Level::basic]] [[Level::medium]] [[Level::deep]]
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