1	Museums Copyright Group Digitisation issues and DACS Peter Wienand Partner, Farrer & Co Chair, Museums Copyright Group 28 January 2005
2	Digitisation - the law Reproduction in electronic form is ‘copying’ Communication to the public – making work available by wire or wireless means Authorising either of the above So:- scanning and storage of copyright works posting up of copyright works on the Internet making scans available via internal networks emailing scans all infringe copyright unless permission is obtained
3	Exceptions – fair dealing ‘Fair dealing’ with a literary, artistic, musical or dramatic work :- for the purposes of research for a non-commercial purpose, provided sufficient acknowledgement (and no multiple copies) (other than a photograph) for the purposes of reporting current events for the purpose of criticism and review provided that it has been made available to the public (and acknowledgement)
4	‘Minor exceptions’ Sculptures and works of artistic craftsmanship permanently in a public place or in ‘premises open to the public’ – no change (s 62 CDPA 1988) Advertising sale of artistic work on-line (s 63 CDPA 1988) Incidental inclusion: no change (s 31 CDPA 1988) ‘Anonymous’ works (s 57 CDPA 1988) – can still be copied but not if: possible to identify author by ‘reasonable inquiry’ author is known but owner of copyright is unknown author (probably) died less than 70 years ago Unpublished works over 100 years old and in a museum – no change but only literary, dramatic or musical works - Sched 1, para16, CDPA 1988
5	Issues Websites and digitisation projects Digital archiving In-gallery multimedia Huge quantities of material involved Difficulties of finding owners Lack of exceptions allowing museums to use material Until now, lack of development of DRM systems Therefore risks of infringement increase Clearance costs escalate
6	Solutions Lobbying for change of law Development of systems to find right holders (eg WATCH) Creative Commons (only on the verge of launch) DRM systems – in their infancy Licensing scheme: with collecting society representing right holders avoids re-inventing the wheel should be less expensive than one-off transactional licences if a sensible deal can be struck
7	MLA funding for DACS scheme Creation and archival use of digital copies High resolution copies available via secure network to authorised users Low resolution copies (72 dpi max 300 pixels) may be used in lectures and educational resources Low resolution copies may be searched, viewed, displayed, saved or printed by authorised users Applies to ‘properly accessioned objects’ in collections Scheme is for public museums, libraries and archives Limited to non-commercial use and does not permit adaptations
8	Next steps DACS analysis and assessment MCG input Negotiation of suitable fees reflecting the non-commercial use involved Presentation of report to DACS ‘Creators’ Council’ If passes these steps – launch! Other schemes might follow