Copyright Guide for Museums and Other Cultural Organizations
Table of Contents
Introduction
MODULE I
1.0 General Copyright Protection
2.0 Term of Copyright Protection
2.1 General Rule for Term of Protection
2.2 Unknown Author (Anonymous Works)
2.3 Unpublished Works
2.4 Crown Works
2.5 Protection for Each Type of Work
2.5.1 Artistic Work
2.5.2 Photographs (See Also 11)
2.5.3 Sound Recordings (See Also 12)
2.5.4 Performer’s Performance
2.5.5 Cinematographic Works
3.0 Possible Applicable Exceptions to Copyright Infringement
3.1 Works in the Public Domain - Copyright Protection Has Expired
3.2 Educational Institutions
3.3 Libraries, Archives, and Museums
3.4 Fair Dealing
3.5 Public-Access Photocopy Machines
4.0 Creation of New Works by the Museum
4.1 Ownership of Works Created by Museum Staff
4.2 Ownership of Works Created by Independent Contractors Hired by the Museum
4.3 Use of Crown Works
4.4 Ownership of Copyright in Commissioned Engravings, Photographs, or Portraits
4.5 Ownership of Moral Rights in a Work
5.0 Acquiring Works
5.1 Beware - Reversion of Copyright Ownership in Works
6.0 Borrowing/Lending Works
7.0 Exhibits
7.1 Copyright in Artefacts
7.2 Rights Applicable to Travelling Exhibits
7.3 Rights Granted by the Museum for Travelling Exhibits
8.0 Publications by the Museum
8.1 Copying Written Works of Others
8.2 Copying Trade Literature and Older Publications
8.3 Copying Museum Publications/Periodicals
8.4 Copying Publications/Literature
8.5 Copying Electronic Publications
8.6 Copying Publications for Other Libraries or Museums
9.0 Reproduction/New Use of Works Owned by the Museum
10.0 Internet/Web Sites
10.1 Exhibiting and Posting a Work on the Museum Internet Web Site
10.2 Digitising/Reproducing Images of Works for Posting on a Web Site
10.3 Posting Images on the Museum Internal Intranet
10.4 Using Images or Copying Information From Third-Party Web Sites
10.5 Third-Party Use of Images on the Museum Web Site
11.0 Photographs
11.1 Copyright in Photographs of Exhibits and Artefacts
11.2 Ownership of Copyright in Negatives and Photographs Made From the Negative
11.3 Third-Party Reproduction of Museum Photographs
12.0 Sound/Film Recordings
12.1 Third-Party Recordings of a Film/Sound Clip in a Museum Exhibit
13.0 Trademarks/Brand Names
13.1 Displaying Company Trademarks in an Exhibit
13.2 Using Book or Song Titles as Exhibit Titles
14.0 Industrial Designs
14.1 Industrial Design Protection
15.0 Personality Rights/Privacy Rights
15.1 Photographs of Museum Visitors for Promotional Use
16.0 Oral Histories
16.1 Copyright in Oral Histories
17.0 Definitions
MODULE II
Standard Form Agreements
Acquisition Agreement
License Agreement
Assignment of Copyright
Recording Interviews
Access to Museum Collection
Release
This Copyright Guide is one in a series of publications produced by the Canadian Heritage Information Network (CHIN) that are intended to assist museums with the management of their intellectual property.
Initially prepared for the Canadian Museum of Civilization Corporation and the Canada Science and Technology Museum, this Guide may also be of interest to other museums and cultural organizations. For the purpose of this publication, the term "museum" will be understood to include "cultural organization," in the general sense of this term.