Questionnaire Relating to Digital Licensing Scheme for Cultural Organisations

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The Museums Libraries and Archives Council (MLA) has provided funding to the Museums Copyright Group (MCG) to negotiate with the Design and Artists Copyright Society (DACS) and if possible agree the terms of a licensing scheme for museums, archives and libraries, covering non-commercial on-line use of artistic works.

In order to assist MLA, the MCG and DACS in assessing the coverage of the proposed scheme and the potential for distributing moneys received by DACS to the appropriate rights holders, it would be extremely helpful to have your answers to the questions raised in this questionnaire.

In summary, the proposed scheme would, if implemented, allow cultural organisations (i.e. museums, galleries, archives and libraries):

To digitise artistic works* in their own collections (and perhaps in those of other cultural organisations);
To make available digital copies to staff and visitors (intranet use);
To make available digital copies by secure means to students and teachers at schools and FE/HE bodies (educational extranet use);
To make available low resolution digital copies via the Internet (possibly on pages with simple log-ins);
To incorporate digital copies into digital presentations (lectures)
To print off single copies for personal use

provided that no commercial use was made of the copies or modification of works carried out (save for captioning, crediting etc.) without the consent of DACS or the appropriate rightholder.

*Artistic works are defined as graphic works (any painting, drawing, diagram, map, chart or plan; any engraving, etching, lithograph, woodcut or similar work), photographs, sculptures, collages and works of artistic craftsmanship. They will include engineering drawings and architectural drawings, casts or models made for sculptural purposes and models for buildings.

The advantage of the scheme if appropriately framed is that for a relatively modest cost, institutions would be able to do all the above things, thus saving potentially resource-intensive and time-consuming research, and with the benefit of an indemnity against claims from artists and their heirs (whether DACS members or not).

Please complete the form below, responding by no later than 30 September 2005.

You can see who has already responded by looking at the DACS Questionnaire Respondees page.

* Indicates that you must enter something in order to submit a response successfully.

Your institution*

Your job title*

Basic Data

Please insert your best estimate of the total numbers of artistic works in the four main categories listed, and estimates of the relevant percentages, by filling in the table below:

Fine art (paintings, drawings, engravings, lithographs, sculptures etc.)

Total number in collection (estimate):
% remaining in copyright:	%
% whose author known:	%
% authors whose birth and death dates known:	%
% where date and place of making known:	%
% already digitised:	%
% to be digitised:	%
% already licensed & paid for:	%
% already licensed & free of charge:	%

'Fine art' photographs

Total number in collection (estimate):
% remaining in copyright:	%
% whose author known:	%
% authors whose birth and death dates known:	%
% where date and place of making known:	%
% already digitised:	%
% to be digitised:	%
% already licensed & paid for:	%
% already licensed & free of charge:	%

'Documentary' photographs

Total number in collection (estimate):
% remaining in copyright:	%
% whose author known:	%
% authors whose birth and death dates known:	%
% where date and place of making known:	%
% already digitised:	%
% to be digitised:	%
% already licensed & paid for:	%
% already licensed & free of charge:	%

Other (e.g. maps, charts, engineering and design drawings)

Total number in collection (estimate):
% remaining in copyright:	%
% whose author known:	%
% authors whose birth and death dates known:	%
% where date and place of making known:	%
% already digitised:	%
% to be digitised:	%
% already licensed & paid for:	%
% already licensed & free of charge:	%

Questions

(Please make clear where answers are approximate)

1. If the scheme were available, how quickly would your organisation like to acquire a licence?

1.1 Immediately: 1.2 Later:

2. What is the annual rate at which your organisation is digitising images of artistic works in its collections?

2.1 Expressed as a total number of works digitised:

2.2 Expressed as a percentage of works in the collection:

3. Would your organisation prefer to pay:

3.1 Annual licence fees? 3.2 A fee over a longer period (e.g. 2 years)?

4. Assuming an annual licence fee, what in your view would be a realistic price range:

4.1 Expressed in terms of a sum per digitised copyright work:

£ - £

4.2 Expressed in terms of an overall figure:

£ - £

5. Might your institution decide not to acquire a licence if it was a condition of the scheme that existing free licences from artists or their heirs covering rights granted under the scheme must be given up?

Yes No

6. Would your answer to 5 differ if the terms of the licensing scheme were sufficiently attractive (e.g. in terms of price, breadth of coverage and/or indemnification against claims)?

Yes No

7. How many members of staff does your organisation employ?