CHI Consultation Workshops

Exploring CHIs

Phase 3 of 5

Workshop: IPR framework for the Digital Transformation of the CHI sector 2020-09-01 - 2020-09-16

IP Evaluation Survey

In order to provide a focused assessment and evaluation of the current IP rules governing the activities of CHIs, we would like to explore how CHIs face the IP challenges and/or whether IPRs contribute to generating further revenues and if so, through which mechanisms.

We would appreciate, if you could share your highly valuable experience and observations with us by answering the questions specified below.

General questions
Type of organization

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1. What is the status of your organization?

Public

Private for profit

Private not-for-profit / NGO

Public-private partnership

Other

There are too many choices selected

2. Which type of organization does your organization belong to?

Gallery

Library

Archive

Museum

Other

There are too many choices selected

3. In which domain does your organization operate?

Tangible heritage

Intangible heritage

Music

Visual arts

Performing arts

Other

There are too many choices selected

4. In which country is your organization located? There are too many choices selected

5. What is the size of your organization in terms of staff numbers?

< 10 employees

10-50 employees

50-100 employees

> 100 employees

There are too many choices selected

6. What is the estimated size of your collections?

< 10000 items

>10000 and <100000 items

>100000 and <500000

500000-1000000

>1000000 items

There are too many choices selected

7. Please select the specialized staff employed in your organization:

Experts in IT

Experts in IP

Digital curators

Marketing and promotion specialists

Experts in audience development

Public relations / education officers

None of the above

There are too many choices selected

8. Which IP rights (IPRs) are relevant for your activities?

Trademarks

Designs

Patents

Databases

Other

There are too many choices selected

9. Do you experience problems with managing IP protected works?

	1	2	3	4	5	6
1-6 disagree - agree

There are too many choices selected

10. What kind of obstacles do you encounter (e.g. administrative, financial, legal, other) vis-à-vis your own IP protected works? please specify: There are too many choices selected

11. What kind of obstacles do you encounter (e.g. administrative, financial, legal other) vis-à-vis IP protected works of third parties? Please specify: There are too many choices selected

12. Who is in charge of IP management in your organization?

Inhouse legal expert(s)

Internal staff member, not a legal expert

External lawyer(s) (hired occasionally)

Non-for-profit organization (e.g. legal clinic)

Nobody

Other

There are too many choices selected

13. Do you have an IP portfolio (a catalogue or inventory of your IP holdings/assets)?

Yes

There are too many choices selected

14. If yes, which types of IPRs do you have in your portfolio?

Trademarks

Designs

Patents

Databases

Other

There are too many choices selected

15. Which of the following statements best describes the IP ownership status of your collection?

The majority of IP protected works are owned by our organization

The majority of IP protected works are owned by third parties

The IP status of majority the works and objects in our collection is not determined

Other

There are too many choices selected

16. Do you think it is possible to make good estimate of the copyright status of your collections/fonds ?

	1	2	3	4	5	6
1not possible – 6 possible

There are too many choices selected

17. If so, what would be approximately the percentage of public domain works? There are too many choices selected

18. If so, what would be approximately the percentage of orphan works?

10-20%

20-30%

30-40%

40-50%

50-60%

60-70%

70-80%

80-90%

90-100%

There are too many choices selected

19. If so, what would be approximately the percentage of out-of-commerce works?

10-20%

20-30%

30-40%

40-50%

50-60%

60-70%

70-80%

80-90%

90-100%

There are too many choices selected

20. If so, what would be approximately the percentage of copyright protected works for which you do not own the copyright?

10-20%

20-30%

30-40%

40-50%

50-60%

60-70%

70-80%

80-90%

90-100%

There are too many choices selected

21. If so, what would be approximately the percentage of copyright protected works for which you own the copyright?

10-20%

20-30%

30-40%

40-50%

50-60%

60-70%

70-80%

80-90%

90-100%

There are too many choices selected

22. Do you generate revenues through your IPRs?

Yes

There are too many choices selected

23. If yes, through which mechanisms those revenues are generated? [Please provide concrete examples per type of IP (e.g. copyright, patent, trademarks, designs)]. There are too many choices selected

24. Are you commercializing products based on images of your collections, your logo or name?

Yes

We are in the transitional process

We are considering it

There are too many choices selected

25. If yes, what is the percentage of revenue (compared to the overall income of your organization) you obtain from merchandising?

10-20%

20-30%

30-40%

40-50%

50-60%

60-70%

70-80%

80-90%

90-100%

There are too many choices selected

26. Does your organisation provide open access to its collections?

Yes

We are in the transitional process

We are considering it

Other

There are too many choices selected

27. Do you provide online access to (part of) your collections?

yes

There are too many choices selected

28. If yes, is this access:

Open licensed

Paid access

Mixed

There are too many choices selected

29. Does the copyright status of your collections play a part in your decision to digitize/provide access to specific collections?

	1	2	3	4	5	6
1-6 : Totally disagree – Totally agree

There are too many choices selected

30. If you provide access to your collections online, is the access provided via login/account/credentials?

Yes

We are in the transitional process

We are considering it

There are too many choices selected

31. If yes, is the access provided also in other online platforms? In which ones? There are too many choices selected

32. Do you allow the non-personal use and re-use of your online collections?

Yes, including for commercial purposes

Yes, but only for research or educational purposes

No, our online content is only available for personal use

Our online content is not available for re-use

Other, please specify

There are too many choices selected

33. Do you use open licenses, public domain marks, or any other tools to indicate the rights granted to re-users?

Yes, PDM + CC licenses

Yes, CC licenses

Yes, Rightsstatements.org licenses

Yes, we use our own set of licenses, of which some are free licenses

No open licenses

Other, please specify

There are too many choices selected

34. Do you license the images, or do you provide a free use of your collections? please specify: There are too many choices selected

35. If you license your images, what is the percentage of revenue you obtain from licensing? There are too many choices selected

36. If you license the images of your collections, which type of licenses does your organization use?

Direct exclusive licenses (only the licensee can use the image)

Direct non exclusive licenses (different licensees can exploit the image)

Open licenses

Collective licenses (managed by a CMO for specific uses)

If other, please specify:

There are too many choices selected

37. Do you make B2B contracts with other service providers for your digital content (publishers - tech companies - media industry) and under which conditions? There are too many choices selected

38. Do you carry out acts for (digital) preservation of your collections?

Yes

We are in the transitional process

We are considering it

Other

There are too many choices selected

39. If yes, do you have an estimate of the percentage of your collections that are currently digitized?

10-20%

20-30%

30-40%

40-50%

50-60%

60-70%

70-80%

80-90%

90-100%

There are too many choices selected

40. Are you interested in digitizing your complete collection?

yes

There are too many choices selected

41. Do you face any challenges (e.g. legal or economic) when digitizing your collections and/or when making your collection online available?

	1	2	3	4	5	6
1-6 not really – serious challenges

There are too many choices selected

42. Can you describe these challenges? There are too many choices selected

43. Do you claim exclusive rights on the digital copies of works from your collections?

Yes

Other, please specify

There are too many choices selected

44. Are the exclusive rights claimed also for the digital copies of the public domain works from your collection?

yes

There are too many choices selected

45. If yes, for which types of works of art? There are too many choices selected

46. Do you face any difficulties when clearing rights of the works in your collections for the exploitation of the works owned by third-parties?

	1	2	3	4	5	6
1-6 not really – serious challenges

There are too many choices selected

47. Do you provide e-lending of works to your users?

Yes

We are in the transitional process

We are considering it

Other

There are too many choices selected

48. Have you ever faced any problems in this regard? [Please provide concrete examples]. There are too many choices selected

49. Have you ever faced problems with the rightsholders of the works?

Difficulty to locate/trace the rightholder(s)

Difficulty to obtain the authorization (e.g. too high requirements)

If other please specify

There are too many choices selected

50. Do you enter into agreements with Collective Management Organizations (CMOs)?

Yes

There are too many choices selected

51. Does your national umbrella organization (if you belong to any) have a general standard agreement with the CMO?

Yes

There are too many choices selected

52. If yes which types of art There are too many choices selected

53. Do you use online copyright infringement tracking systems/services to protect your copyrights?

Yes

There are too many choices selected

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