A Guide to Copyright for Museums and Galleries

This is the indispensable reference tool for everyone in museums and galleries who has to deal with copyright. It is a user-friendly resource which comprehensively addresses all aspects of copyright law and usage.

Anna Booy a consultant at Willoughby & Partners.

Acknowledgements

vii

Statement of the law

viii

Introduction

1

(6)

Why is copyright important to museums and galleries?

2

(1)

The commercial issues

3

(1)

Stewardship of our national heritage

4

(1)

Commercial exploitation can be the handmaid of stewardship

5

(1)

How to use this guide

5

(2)

What is copyright?

7

(44)

The fundamentals

8

(3)

What is protected by copyright and how does copyright arise?

11

(9)

How long does copyright last?

20

(8)

Ownership of copyright and how it can be transferred

28

(7)

Use and abuse of copyright

35

(8)

Exploitation of copyright

43

(8)

Current issues and practical solutions

51

(38)

Losing your assets - access to the collection

52

(3)

Loose cannons - curators, consultants and commissions

55

(5)

Building the foundations - acquisitions and exhibitions

60

(4)

Lingering rights - artists and archives

64

(11)

Making money - merchandising and publishing

75

(7)

The virtual museum - the Internet, the world wide web and electronic licensing

82

(7)

Appendices

89

(60)

Relevant sources, further reading

90

(1)

Relevant bodies

90

(2)

Sample agreements for dealings in copyright

92

(49)

Caveat

92

(1)

Photographic image licence

93

(4)

Film/audio visual material licence

97

(4)

Licence for the electronic use of images (on-line)

101

(3)

Licence for the electronic use of images (off-line)

104

(3)

Photography commission contract

107

(2)

Permission for photography in the gallery

109

(3)

Agreement for filming at the museum

112

(6)

Filming regulations

118

(1)

Book publishing agreement

119

(10)

Merchandising agreement

129

(11)

International classification of trade mark goods and services

140

(1)

The law of copyright in Scotland

141

(6)

Prospective changes in the law

147

(2)

Index

149

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A Guide to Copyright for Museums and Galleries

Summary

Author Biography

Table of Contents

Supplemental Materials