Kelly (2013)

From Copyright EVIDENCE

Advertising Architectural Publishing of books, periodicals and other publishing Programming and broadcasting Computer programming Computer consultancy Creative, arts and entertainment Cultural education Libraries, archives, museums and other cultural activities

Film and motion pictures Sound recording and music publishing Photographic activities PR and communication Software publishing Video game publishing Specialised design Television programmes Translation and interpretation

1. Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare 2. Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)? 3. Harmony of interest assumption between authors and publishers (creators and producers/investors) 4. Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption) 5. Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)

A. Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right) B. Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction) C. Mass digitisation/orphan works (non-use; extended collective licensing) D. Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability) E. Fair remuneration (levies; copyright contracts) F. Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Source Details

Kelly (2013)
Title: Images of Works of Art in Museum Collections: The Experience of Open Access
Author(s): Kelly, K.
Year: 2013
Citation: Kelly, K. (2013) Images of Works of Art in Museum Collections: The Experience of Open Access. Mellon Foundation Study <https://www.clir.org/pubs/reports/pub157/> (accessed 6 January 2022)
Link(s): Open Access
Key Related Studies:
Discipline:
Linked by: Kapsalis (2016)
About the Data
Data Description: Data were collected via a survey, which was distributed to 50 museums in the UK and US, with 11 respondents in total. The survey concerned the museums’ policies on image rights and includes an overview of the museums’ terms and conditions applying to image use.
Data Type: Primary data
Secondary Data Sources:
Data Collection Methods:
Data Analysis Methods:
Industry(ies):
Country(ies):
Cross Country Study?: Yes
Comparative Study?: No
Literature review?: No
Government or policy study?: No
Time Period(s) of Collection:
  • November 2011 – May 2012
Funder(s):
  • Mellon Foundation

Abstract

“This report describes the current approaches of 11 art museums in the United States and the United Kingdom to the use of images of works of art that are in their collections and are in the public domain. Each approach is slightly different. By presenting the thought processes and methods used in these institutions, this report aims to inform the decision making of other museums that are considering open access to images in their collections.”

Main Results of the Study

• Restricting commercial usage of museum images is important, but increasingly difficult to define. By contrast, non-commercial uses of museum images are largely viewed as unproblematic, and most will allow public access images for educational and personal use.
• Open access image policies are implemented by museums for a variety of reasons, ranging from philosophical (purpose-driven, existence of museums to educate) to business orientated (responding to declining revenues, access to technologies).
• Whilst museums fear losing control over the use of their images, this is mitigated by access to newer image detection services, such as the Google Art Project. Further, these fears do not appear to have manifested, as no museums reported detecting unauthorised usage.
• Overall, museums experience positive changes as a result of adopting open access image policies. Museums cite increased goodwill and recognition, increased website visits, and fulfilment of purpose. Perceived losses are, by contrast, minimal, citing increased workloads and (as anticipated) stable or slightly declining revenues.

Policy Implications as Stated By Author

The study does not make any explicit policy recommendations.

Coverage of Study

Coverage of Fundamental Issues
Issue Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
Green-tick.png
Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)?
Harmony of interest assumption between authors and publishers (creators and producers/investors)
Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption)
Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)
Green-tick.png
Coverage of Evidence Based Policies
Issue Included within Study
Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right)
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Mass digitisation/orphan works (non-use; extended collective licensing)
Green-tick.png
Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability)
Green-tick.png
Fair remuneration (levies; copyright contracts)
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Datasets

Sample size: 11
Level of aggregation: Museums
Period of material under study: November 2011 – May 2012