Transcript Copyright: Two projects, Two soapboxes Deborah Wythe Copyright Camp 2011 University of Michigan Ann Arbor @dwythe @brooklynmuseum CC-BY-SA Burtynsky Show November 6, 2015

Copyright:
Two projects,
Two soapboxes
Deborah Wythe
Copyright Camp 2011
University of Michigan
Ann Arbor
@dwythe
@brooklynmuseum
CC-BY-SA
Burtynsky Show
November 6, 2015
1
John Singer Sargent (American, 1856-1925). Bedouin Camp, ca. 1905-1906. Watercolor, 10 x 14 1/16
in. (25.4 x 35.7 cm). Brooklyn Museum, Purchased by Special Subscription, 09.811
THE LIBRARY
ADVANTAGE
(thank you, Hathi Trust)
PROJECTS
The Brooklyn Museum copyright project
Mission-driven project: release entire collection on the Web.
Fallout: huge rights clearance project
Education of a copyright nerd
Where did this hat come from and how am I going to figure out
how to wear it gracefully?
SOAPBOXES
Copywrong
Fear and worry  copyright misuse.
Be one of the Good Guys (Fear not!)
Community: Creative Commons, Wiki-Commons, Flickr
Commons
Digital Lab Mission:
Create, manage, make accessible and
preserve digital images documenting the
Museum collections, research resources, and
activities.
Rights transparency
The Brooklyn Museum
Copyright Project
Ettore Sottsass Jr. (Italian, born Austria, 1917-2007). Sirio Vase, 1982. Glass,
13 3/4 x 7 in. (34.9 x 17.8 cm). Brooklyn Museum, Gift of Rosemarie Haag
Bletter and Martin Filler, 1998.186. Creative Commons-BY-NC
Copyright project goals:
• Make as much of the collection
available as possible
• with as few restrictions as possible
• as openly as possible
• while respecting the rights of the
artists
The “Bird Lady”
on brooklynmuseum.org
http://bit.ly/busrdM
Female Figure, ca. 3500-3400 B.C.E. Terracotta, painted, 11 1/2 x 5 1/2 x 2 1/4 in.
(29.2 x 14 x 5.7 cm). Brooklyn Museum, Charles Edwin Wilbour Fund, 07.447.505.
Creative Commons-BY-NC
http://bit.ly/aYYgUs
Holy crow! that's the statue that was seen in Sunday's 1st Episode of
the HBO show TrueBlood!!
posted by Marlene F. Emmett 12:23 06/16/2009
Joe Overstreet (American, born 1934). Power Flight, 1971. Acrylic on canvas with metal grommets and
white rope, . Brooklyn Museum, Gift of Mr. and Mrs. John de Menil, 72.165. © artist or artist's estate
Joe Overstreet (American, born 1934). Power Flight, 1971. Acrylic on canvas with metal grommets and
white rope, . Brooklyn Museum, Gift of Mr. and Mrs. John de Menil, 72.165. © artist or artist's estate
Step 1: understand the law
(favorite resources)
•Copyright and Cultural Institutions
(Hirtle, Hudson, Kenyon)
• The Public Domain (Fishman)
• Copyright Term and the Public
Domain in the United States
(Hirtle)
. . . and figure out how to apply it
within our context
• define Object Rights Types (ORTs)
• work with TMS administrator to set
up controlled vocabulary
Set up
ORTs
In TMS
Step 2: classify the art works
and assign ORTs
• 2D or 3D?
• art or “useful article”?
• dated?
• artist dates?
Maintain ORTs over time
• review audit trail for relevant changes
Step 3: clear legal hurdles
• explain mission & goals
• propose website text
• understand legal counsel’s approach
(you may need to explain it later)
• review and revise
• draft non-exclusive license
• recognize and accept risk
Non-commercial
use of text and
images in which
Brooklyn Museum
holds the
copyright is
permitted, with
attribution, under
the terms and
conditions of a
Creative Commons
License.
Step 4: the web interface
• TMS data (ORT and rights statement)
joins approved text and
commentary via programming
• boilerplate rights statements serve as
placeholders until works cleared
(“© artist or artist’s estate”)
Step 5: obtain non-exclusive license
• research contact information
• generate letter and license
• follow up
• update TMS with rights status
and approved rights statement
• license now part of acquisitions
process
The problem:
John La Farge (American, 1835-1910). Diadem Mountain at Sunset, Tahiti,
1891. Transparent and opaque watercolor, resin, on paper, 16 3/4 x 22 1/4
in. (42.5 x 56.5 cm). Brooklyn Museum, Gift of Frank L. Babbott, 19.80
The solution:
Interns!
Develop a structure
and procedure that
are endlessly
replicable.
Martin Johnson Heade (American, 1819-1904). Two Humming Birds:
"Copper-tailed Amazili," ca.1865-1875. Oil on canvas, 11 9/16 x 8 7/16 in.
(29.3 x 21.5 cm). Brooklyn Museum, Dick S. Ramsay Fund, 64.208
Process
• research artists on the Web first,
then in analog resources
• record artists and contacts in an
Access database
• track activities in Access
• use TMS reports and Word templates
to generate letters and licenses
• letters and licenses routed via staff
member for review and continuity
Strategize – select your targets
• artists with multiple works
• artists with works on view
• artists included in upcoming shows
• low-hanging fruit
artists with websites & email
contacts, living artists, artists who
write to you for any reason
• galleries that represent multiple artists
Expand:
• develop procedures for dealing with
orphaned works
• develop standards for researching
copyright status of individual works
• collaborate with staff in other
museums to share research and
results
Results:
• 6578 works (29%) by 532 artists
(12%) cleared
• nine interns, 1/2008 – 7/2011
120-hour internships, most stayed
on past the end date
Added benefits
Educate
• give staff presentations about ©
• gatekeepers in Editorial and Design
make sure that images are
cleared
• information is readily available in
DAMS and online
• be ready to answer questions
Conclusions and observations
• interactions with artists are positive
• gallery representatives least likely to
grant full non-exclusive license
• finding estate contacts is most difficult
• reaction to website and blog posts
overwhelmingly positive
• be willing to take the heat, revise and
correct: perfection is not the goal
EDUCATION OF A COPYRIGHT NERD
(We need to do WHAT? )
William Merritt Chase (American, 1849-1916). Studio Interior, ca. 1882. Oil on canvas, 28 1/16 x 40 1/8 in. (71.2 x
101.9 cm). Brooklyn Museum, Gift of Mrs. Carll H. de Silver in memory of her husband, 13.50
(It felt more like this
at first…)
William Spratling (American, 1900-1967). Pair of Spurs, before 1952. Silver, 8 1/2 x 3
1/2 in. (21.6 x 8.9 cm). Brooklyn Museum, Museum Collection Fund and the Dick S.
Ramsay Fund, 52.166.22. Creative Commons-BY-NC
The Basics:
Develop a
bookshelf
Cultivate contacts
Join groups
BEST BOOK:
Hirtle, Hudson, Kenyon
Copyright & Cultural
Institutions: Guidelines
for Digitization for U.S.
Libraries, Archives, &
Museums
Free download:
http://ecommons.cornell.edu/bitstream/18
13/14142/2/HirtleCopyright_final_RGB_lowres-cover1.pdf
A CLOSE
SECOND:
Fishman (Nolo)
The Public
Domain: How to
Find and Use
Copyright-Free
Writings, Music,
Art & More
MY HERO:
PETER
HIRTLE
(Cornell U.)
http://www.news.cornell.edu/stories/Aug08/copyrightreport.gl.html
MOST
IMPORTANT
RESOURCE
TO
BOOKMARK
(Peter Hirtle)
http://www.copyright.cornell
.edu/resources/publicdomai
n.cfm
MOST
WELCOME
WEBSITE:
Catalog of
Copyright
Entries
(Thank you,
Google Books &
UPenn!)
http://onlinebooks.library.u
penn.edu/cce/
BEST
PROJECT:
The WATCH
File
(Thank you, UT
Austin & Univ.
of Reading!)
http://tyler.hrc.utexas.ed
u/index.cfm
A CLOSE
SECOND:
LOC Prints &
Photographs
Rights page
http://www.loc.gov/rr/p
rint/res/rights.html
Analyze the problem,
Develop a strategy
Learn how to work with counsel
D-R-A-F- T
Look for lowhanging fruit
(really old)
Figure of Monkey Seated on Ovoid Base, ca. 1352-1336
B.C.E. Faience, glazed, 2 1/8 x 1 1/8 in. (5.4 x 2.8 cm).
Brooklyn Museum, Charles Edwin Wilbour Fund, 48.181.
Creative Commons-BY-NC
http://www.brooklynmuseum.org/opencollection/objects/3524/Figure_of_
Monkey_Seated_on_Ovoid_Base
Unknown,
unidentified
artists
(assess risk,
research
possibilities)
Brahma, late 19th-early 20th century.
Watercolors on paper with polished tin accents,
16 x 10 1/4 in. (40.6 x 26.0 cm). Brooklyn
Museum, Gift of Dr. Bertram H. Schaffner,
2000.98.2
http://www.brooklynmuseum.org/opencollection/objects/159648/
Brahma/set/6f23345f7aa0464390468cfac7103e85
Useful articles
(assess risk)
Venini & Company (1921-present). Fazzoletto
(Handkerchief) Bowl, model 4215, ca. 1949. Glass,
5 3/4 x 9 3/4 in. (14.6 x 24.8 cm). Brooklyn
Museum, Gift of the Italian Government, 54.64.7.
Creative Commons-BY-NC
http://www.brooklynmuseum.org/opencollection/objects/68285/Fazzol
etto_Handkerchief_Bowl_model_4215/set/5bc3b69ea5fdff2fa06eeef0
19c2a8a3
Obviously protected
by copyright
Bob Thompson (American, 1937-1966). The
Judgement, 1963. Oil on canvas, 60 x 84 in. (152.40
x 213.36 cm). Brooklyn Museum, A. Augustus Healy
Fund, 81.214. © Estate of Bob Thompson,
Courtesy of Michael Rosenfeld Gallery, LLC, New
York, NY
http://www.brooklynmuseum.org/opencollection/objects/1639/The_Judgement
Develop
strategies
for
researching
the rest
Look for community standards & participate
(more heroes)
REACH OUT
SHARE
Stay humble
(there’s always
more to learn)
Winslow Homer (American, 1836-1910). The Noon Recess, 1873. Wood
engraving, Image: 9 1/8 x 13 5/8 in. (23.2 x 34.6 cm). Brooklyn Museum, Gift
of Harvey Isbitts, 1998.105.174. Harper's Weekly, June 28, 1873, vol. XVII, p. 549
Soapbox #1:
COPYWRONG
(and Copyright Confusion)
Don’t mislead!
(The Good, the Bad, and the Unhelpful)
AUTHOR Austin, Daniel Berry.
TITLE Brooklyn Kings County
Penitentiary [picture] / [Daniel Berry
Austin].
© All Rights Reserved
http://www.flickr.com/photos/brooklyncollecti
on/3766031048/in/set-72157621873768916
Daniel Berry Austin (American, born 1863,
active 1899-1909). Brooklyn Kings County
Penitentiary, Rogers Avenue Entrance
opposite Carroll Street, Brooklyn, ca. 18991909.
No known copyright restrictions
http://www.flickr.com/photos/brooklyn_muse
um/5832920461/
NYC.gov/Records
http://www.nyc.gov/html/records/html/ga
llery/html/details.shtml?cat=street&imgn
ame=bpm_1024b.jpg
http://brooklynpix.com/photofram
ex1.php?photo=/photo1/D/dumb
o37.jpg&key=DUMBO%2037
For more details, including
order or lease information …
OK to use?
http://digitalgallery.nypl.org/nypldigital/dgkeysearchdetail.cfm?strucID
=301026&imageID=483830#_seemore
Copyright Protection:
Images provided by NYPL may still be under copyright and
protected by the intellectual property laws of the United States and
the Berne Convention.
You are solely responsible for clearing the copyright with the
rights holder. Requests for reproductions of copyrighted images
will not be processed until you have obtained written clearance of
such rights from the rights holder or you have completed to
NYPL’s satisfaction a “best efforts” search to locate the rights
holder.
You agree to provide each reproduction of an image with a credit
line that will be supplied to you in the written Permissions
NYPL Digital Gallery provides free and open
statement that you will receive.
access to over 700,000 images digitized from
http://www.nypl.org/help/about-nypl/permissions-terms-conditions
primary sources and printed rarities in the vast
collections of The New York Public Library,
including drawings, illuminated manuscripts,
historical maps, vintage posters, rare prints and
photographs, illustrated books, printed ephemera,
and more.
OK to use?
http://sunsite.berkeley.edu/Goldman/Photos/960402008.jpeg
Circa?
©?
http://bit.ly/qhopdM
OK to use?
http://beinecke.library.yale.edu/digitallibrary
/plowden.html
www.davidplowden.com
Copyright Information:
This website is created and produced by ICH, Inc. for David Plowden.
This website is defined by all the pages within the ww.davidplowden.com
domain name.
All material on the website is and shall remain the exclusive property of
David Plowden.
All material on the website is copyrighted – All rights reserved.
No part of this site may be reproduced in any form, including printing,
reprinting, transmitting, by any electronic or mechanical means, including
informational storage and retrieval systems, without permission in writing
from the author, except by a reviewer who may quote brief passages in a
review but may NOT include any photographs in such review without
expressed, written permission.
http://www.davidplowden.com/?page_id=217
OK to use?
This image collection was the result of a photographic
expedition to Java and Bali, organized in 1983 by University of
Michigan History of Art professor Walter Spink. Members of
the team included Paul Berry, Bambang Hoedoyo, Steve Markel,
Elizabeth Horton Sharf, Garrett Solyom, Walter Spink, Suresh
Vasant, and Patrick Young. Partial funding for the expedition
was provided by John Adams Thierry of the Southeast Asia Art
Foundation in Hill, New Hampshire.
All of the images on display at this site were photographed by
Patrick Young, Head Photographer, Department of the History
of Art ([email protected]).
http://quod.lib.umich.edu/b/borobudur/x-8/br1094
Copyright
Except where otherwise noted,
this work is subject to a Creative
Commons Attribution 3.0 license.
Details and exceptions.
©2010, Regents of the University
of Michigan
NATIONAL ARCHIVES
May I reproduce images from your web site?
The vast majority of the digital images in the Archival Research
Catalog (ARC) are in the public domain. Therefore, no written
permission is required to use them. We would appreciate your
crediting the National Archives and Records Administration as the
original source. For the few images that remain copyrighted, please
read the instructions noted in the "Access Restrictions" field of each
ARC record.
Please note that a few images on other areas of our web site have
been obtained from other organizations and that these are always
credited. Permission to use these photographs should be obtained
directly from those organizations.
http://www.archives.gov/faqs/
http://www.loc.gov/rr/print/195_copr.html
Soapbox #2
Be one of the Good Guys
Community:
Flickr Commons
Wikimedia Commons
Creative Commons
By asserting “no known copyright restrictions,”
participating institutions are sharing the benefit of
their research without providing an expressed or
implied warranty to others who would like to use or
reproduce the photograph.
Join a community
Go where the people are
Paris Exposition: Eiffel Tower
and Celestial Globe, Paris,
France, 1900,
Museum: 25
Flickr: 15,200
Museum views:
Dec. 2008 - July 2009
Flickr views:
Spring 2008 - July 2009
UPDATE (7/22/2011):
23,816 views
ENGAGE
Encourage
creativity
http://www.flickr.com/photos/brooklyn_museum/sets/7
2157626844588977/
It helps us to know how our
visitors work with our images,
so if you use it, we'd love to
know how! Drop us a line by
leaving a comment here or
email our archivist:
[email protected]
REMIX
(control
issues)
http://www.flickr.com/photos/fuzzy/4132113508/in/gallerybrooklyn_museum-72157622825745831/
Contribute to
Web resources
Category:Images from Brooklyn Museum
(currently contains 3,932 images)
http://commons.wikimedia.org/wiki/Category:Images_from_Brook
lyn_Museum
This image was uploaded as a donation by the Brooklyn
Museum, and is considered to have no known copyright
restrictions by the institutions of the Brooklyn Museum.
Note: While the Brooklyn Museum cannot make an
absolute statement on copyright status for legal reasons, it
supports and encourages the Wikimedia community in
researching and applying the copyright status tag that is
most appropriate for their purposes.
Keep going
where the people are
http://toolserver.org/~magnus/baglam
a.php?group=Images+from+Brooklyn
+Museum&date=201103
Respond
(Tissot-pedia)
http://en.wikipedia.org/wiki/Lord%27s_Prayer
FIND,
USE,
PROMOTE
COMMUITY
RESOURCES
http://creativecommons.org /
Customize
Copyright © 2004–2011 the Brooklyn
Museum. Some rights reserved. Noncommercial use of text and images in
which Brooklyn Museum holds the
copyright is permitted, with attribution,
under the terms and conditions of a
Creative Commons License.
Apply correctly
Helen K. Garber (American, born 1954). Empire
State Radio Tower, 1997. Selenium-toned gelatin
silver photograph, Sheet: 16 x 20 in. (40.6 x 50.8
cm). Brooklyn Museum, Gift of the Pikitch and
Zwickler families in memory of Benjamin Pikitch,
2003.25. © Helen K. Garber
Sparks-Withington Co.. Sparton Table Radio, ca.
1936. Glass, metal, wood, rubber, 8 3/4 x 17 1/2 x 8
3/8 in. (22.2 x 44.5 x 21.3 cm). Brooklyn Museum,
Purchased with funds given by the Walter
Foundation, 83.158. Creative Commons-BY-NC
FIND THE RIGHT
FLAVOR
(adjust over time)
CC voices:
Creative
Commons: The
Power of Open
http://thepowerofopen.org/
The core principle behind open access
[journals] is impact.
http://www.brooklynmuseum.or
g/opencollection/labs/love.php
Mark Patterson, Public Library of Science.
Creative Commons: The Power of Open
http://thepowerofopen.org/
Obscurity is the enemy
58,349
views
Paris
Exposition:
night view,
Paris,
France, 1900
http://www.flickr.com/photos/br
ooklyn_museum/2486040187/i
n/set-72157604656089762
James Patrick Kelly.
Creative Commons: The Power of Open
http://thepowerofopen.org/
For certain types of books,
free promotes the print
PDF – free
Print: $39.95
https://www.createspace.com/3405063
Frances Pinter, Bloomsbury Academic.
Creative Commons: The Power of Open
http://thepowerofopen.org/
Scalable content is really important for us.
We want to be able to partner with as many
people as possible.
Melinda Lee, Uncensored Interview.
Creative Commons: The Power of Open
http://thepowerofopen.org/
“freemium”
model –
provide content
free to the public,
then charge for
access to
additional rights
not in the CC
license.
Sylvain Zimmer, Jamendo.
Creative Commons: The
Power of Open
http://thepowerofopen.org/
Free:
JPG, 768 pixels
wide -- 250Kb
Value added:
TIF 5010 pixels
wide -- 55Mb
Sliding scale
starting at $45,
depending on use
[make it]
free and
shareable
Scott Nickrenz, Isabella Stewart Gardner
Museum. Creative Commons: The Power
of Open
http://thepowerofopen.org/
[make it] free
and
shareable
Brooklyn
Museum +
Hathi Trust
http://bit.ly/n02JVc
Indian. Page from an Astrological
Treatise, ca. 1750. Opaque watercolor
on paper, sheet: 7 3/4 x 4 1/2 in. (19.7
x 11.4 cm). Brooklyn Museum, 71.120
The secret
revealed:
To insert the ©
just about
anywhere, type
alt+0169
Happy end!
Jean-Michel Othoniel: The Secret Happy End.
[03/--/2010---/--/2---]. Installation view.