Mapping out Copyright Framework in Your Collection

CHIs need to obtain the necessary scope of rights ideally prior to engaging in the digitization process and making the works available to the public. However, the clearance of rights may entail a number of difficulties for CHIs and can be costly, time-consuming and burdensome. To obtain the permission from the righthodlers CHIs normally enter into licensing agreements with rightholders. By conducting a license with rightholders, CHIs obtain a required authorization to make certain uses of licensed works.

1) Public domain: if the copyright has expired or was never granted in the first place, you are free to use the work in the public domain. However, moral rights may still apply.

2) Licencing agreements: if you have not obtained any copyright during the acquisition phase, as a rule, you will need to ask the rightsholder permission to use their work. Rightsholders are entitled to proper remuneration for third-party exploration of their work. This can be achieved through a licensing agreement.

3) Exceptions and limitations: however, there are some cases in which permission from the rightsholder is not necessary, based on copyright exceptions, which apply to specific categories of users and uses.

4) If the works are still in copyright and no exception applies for you or your intended uses, check the ownership of the rights, and identify the author or the collective management organisation (CMO) that operates on their behalf.

5) Remember: your copyright strategy will depend on what you plan to achieve with your collection. Establish good communication with rightsholders and define your (long-term) goals early on.