Copyright Guide for Museums and Other Cultural Organizations

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

When the museum publishes a work, copyright may subsist in several portions of it. For example, a book may contain photographs, text, drawings, sketches, and quotes from others — all of which may be the subject of copyright. It is necessary to obtain permission to reproduce and publish each of these separate works in the museum’s publication, which will itself be a work in which copyright will subsist. Consider some of these issues:

• Museum staff?
• A third party hired by museum?
• A third party who has voluntarily submitted the work?

For museum publications such as books, who is compiling the book?

• Museum staff?
• A third party hired by the museum?

Does the museum own any rights in the work, including the right to print it? (See section 4.0).

• If museum staff prepared the work, is this in the ordinary course of their employment?
• If the work was commissioned from a third party, what rights were obtained at the time of commission?
• If a third party voluntarily submitted the work, what rights were obtained at the time of acceptance?

Will the museum be reprinting the work in another format (i.e. –will it appear on the Internet, another exhibit, publication, or elsewhere)? (See section 9.0).

• Do additional rights/permissions need to be obtained?

Does the main work include photographs, drawings, sketches, quotes, or other incorporated works that may have separate copyrights?

• Have the rights to reproduce the incorporated work been obtained by the third party or by the museum?

8.1 Copying Written Works of Others

Before the written work of another, such as a published article, can be reproduced by the museum, permission must be obtained from the owner of any copyright in it. This includes scholarly, scientific, and technical articles as well as works of fiction. Consider some of these issues:

Does copyright subsist in the work? (See section 2.0).

Has the copyright expired and is the work in the public domain? (See section 2.0).

For what purpose is the work being reproduced or copied? Is there an applicable exception to infringement? (See section 3.0).

• Fair use for research or private study?
• Fair use for criticism or review?
• How much of the work is being copied?
• Is it being copied/reproduced because of the condition of the original?
• Is it being copied/reproduced for internal cataloguing/maintenance of the museum collection?

Have rights to copy the work been obtained from the author/publisher?

8.2 Copying Trade Literature and Older Publications

Depending upon the age of these publications, copyright may still subsist. The museum may copy them for limited purposes without infringing copyright. These purposes are discussed in more detail in section 3, which deals with exceptions to copyright infringement. Briefly, the museum may make copies, for example, for the maintenance or management of its collection if the original is rare or is at the risk of deterioration, damage, or loss; for onsite consultation if the original cannot be viewed or handled because of its condition; for the purpose of internal records and catalogues; or for restoration. These exceptions only apply where copies are not available commercially in an appropriate medium and quality. Copies may also be made, for example, for patrons of the museum who wish to conduct research or private study.

8.3 Copying Museum Publications/Periodicals

In general, copies of articles from publications and periodicals may not be reproduced without infringing copyright unless one of the statutory exceptions to copyright infringement applies. This includes reproduction by the museum on its Web site.

The rights associated with an article or other publication will depend upon the rights obtained by the museum at the time the article was contracted or submitted. For example, if the museum publishes a periodical with academic articles in it but only informs the authors that the articles will appear in one paper publication, then the museum does not have the right to reproduce the articles without the authors’ permission. If the authors are informed that the articles may be electronically reproduced on the Web and grant this right to the museum, then the museum can do so. If the museum contracts with a third party to prepare a publication or text or other works for use in a publication, the museum must obtain rights to reproduce the work in the desired formats.

For museum periodicals in which articles are obtained from third parties, it may be necessary to obtain copyright for reproduction of works incorporated within the article. For example, reproducing an historical article that includes photographs may infringe copyright in the photographs it contains. Permission from the owner of the copyright in the photograph must be obtained. Exceptions to copyright infringement may apply in some cases. For example, if a quote is reproduced from another work, the fair dealing exception may apply. (See the section 3.4). Where a minor portion of a work is reproduced, copyright in the work will not usually be infringed, depending on the significance of the portion.

8.4 Copying Publications/Literature

Limited copying and reproduction rights apply to publications/literature. A person may copy a publication under the fair dealing provisions for the purpose of research or private study. Copies may be made by the museum for the maintenance or management of its collection in limited circumstances. These and other provisions are discussed in more detail above in section 3 on exceptions to infringement and in particular in section 3.4 on fair dealing. Similarly, the amount of a publication that can be copied is dealt with under the fair dealing provisions. Each case is dealt with on its own facts: there is no formula that can be used as a guideline. The amount that can be copied will vary on a case-by-case basis.

The museum cannot take the works of others and copy them for use by the museum. This includes materials on the Web (for example, a museum cannot take clip art images from Web sites and use them on museum materials without obtaining the authorisation of the copyright owner). The museum may not copy other types of publications or written works — including not only periodicals, articles, and books but also recipes, poems, and tombstone epitaphs. Copyright may apply to these literary works if they are original and meet the other requirements set out in the Act such as citizenship/residency of the author.

8.5 Copying Electronic Publications

Rules similar to those for paper publications apply with respect to electronic publications. The medium does not change the nature of the infringement, only the ease with which the infringement may be carried out.

8.6 Copying Publications for Other Libraries or Museums

As a general rule, the museum may not make copies of publications for other libraries or museums unless specific exceptions to infringement apply.