"Digital transitions in the Cultural Heritage Sector"
Understanding the digital future of Cultural Heritage and Research
Copyright clearance and label of works
We are aware that the clearance of rights and labelling works in order to/when sharing the works within your collections may be complex and burdensome. From the inDICEs project, we would like to hear from your side the practices you use within your institution. How do you label the works you share? Are you familiar with the use of tools such as the public domain mark? Are you familiar with Rights Statements? Please share with us any practice or problem that you encounter in this regard!
Comment on the thread to share your thoughts, ideas, questions, or concerns!
These discussion threads are linked to day 2 of the workshop.
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Conversation with Kris Petrasova
@maarten question from the audience: If, for example, someone takes a photo of an art work (or of a fragment) which has copyright, are they considered the author of this ”new” work from a legal point of view and are allowed to use and reuse it without asking for permission? Thank you
Thanks for the question.
When you take a photograph of a work that is still in copyright than you will have two layers of copyright on the work. You who have taken the photograph and the original work that has been photographed.
There are two things that you need to take into account here.
If your jurisdiction has a 'incidental inclusion' regime. This is a limitation to copyright that allows incidental inclusion of other copyrighted works in your own work. Have a look if your country has that regime here: https://copyrightexceptions.eu/#Art.%205.3(i)
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