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Developing Intellectual Property Policies: A How-To Guide for Museums

Diane M. Zorich

Acknowledgements

1.0	Introduction: The Demise of the Polite Policy
1.1	Goals and Objectives of the Guide
	1.1.1	Background and Contex
	1.1.2	What Is, and Is Not, Covered in this Guide
		1.1.2.1	Scope
		1.1.2.2	Audience
		1.1.2.3	Caveats
1.2	What is Intellectual Property (IP)?
	1.2.1	What Kinds of IP Reside in Museums?
	1.2.2	What Kinds of IP Do Museums Create?
	1.2.3	What Kinds of IP Do Museums Use?
1.3	A Primer on Policy
	1.3.1	What is a Policy?
	1.3.2	What is a Procedure?
	1.3.3	How Do Policies and Procedures Interact?
1.4	Museum IP Policies
	1.4.1	Why Do We Need Them?
	1.4.2	What is a Museum IP Policy?
		1.4.2.1	The Dual Aspect of Museum IP Policies
		1.4.2.2	One Policy, or Many?
		1.4.2.3	Differences Between Museum and University IP Policies
		1.4.2.4	All Policies are Local

2.0	Motivating Factors
2.1	Timeframe and Commitment: "How Long Will This Take?
2.2	Raising Awareness and Persuading Management and Staff
2.3	Getting the Ball Rolling: Who Should Participate?
2.4	Crafting the Policy: The Development Process
	2.4.1	Multiple Approaches
	2.4.2	Steps in the Process
		2.4.2.1	Step 1: Information Gathering, or Doing Your Homework
			2.4.2.1.1	Internal Activities Identifying and Examining Existing Policies and Procedures Identifying the IP in Your Institution (The IP Audit) Assessing Your Institution's Level of Risk Aversion
			2.4.2.1.2	External Activities Reviewing IP Policies from Other Museums and Organizations Participating in Professional Development Activities Discussing IP Issues, Policies, and Practices with Colleagues
		2.4.2.2	Step 2: Analysis and Discussion - An Iterative Process
			2.4.2.2.1	Analyzing Your Mission
			2.4.2.2.2	Analyzing the Findings of Your Research
		2.4.2.3	Step 3: Writing the Policy
		2.4.2.4	Step 4: Adopting the Policy
		2.4.2.5	Step 5: Implementing the Policy
		2.4.2.6	Step 6: Policy Evaluation and Revision
			2.4.2.6.1	The Initial Review
			2.4.2.6.2	The Periodic Review
			2.4.2.6.3	Amendments and Changes

3.0	The Components of a Policy
3.1	Standard Elements
	3.1.1	General Principle Statements
		3.1.1.1	The Museum's Mission and Core Activities
		3.1.1.2	The Museum's IP Philosphy, Values, and Principles
		3.1.1.3	The Museum's Reasons for Developing the Policy
	3.1.2	Administrative Statements
		3.1.2.1	Identifying Who the Policy Addresses
		3.1.2.2	Policy Administration and Oversight
			3.1.2.2.1	Designating a Policy Administrator
			3.1.2.2.2	Identifying the Policy Administrator's Duties
		3.1.2.3	Policy Review
		3.1.2.4	Policy Certification/Approval History
		3.1.2.5	Dispute Resolution
	3.1.3	Definitions
3.2	Policy Elements Relevant to Museums
	3.2.1	Ownership
		3.2.1.1	Ownership of Employee-created Works
			3.2.1.1.1	Patent Ownership
			3.2.1.1.2	Trade Secret Ownership
		3.2.1.2	Ownership of Materials Created by Others ("Third Party" IP)
	3.2.2	Use
		3.2.2.1	Usage Exceptions Allowed in IP Law
		3.2.2.2	Copyright Use
			3.2.2.2.1	The Museum as Rightsholder
			3.2.2.2.2	The Museum as a User of Third Party IP
		3.2.2.3	Trademark Use
			3.2.2.3.1	Use of the Museum's Name and Associated Marks
			3.2.2.3.2	Use of Third Party Trademarks
		3.2.2.4	Patent Use
		3.2.2.5	Trade Secret
		3.2.2.6	Partnerships and Confidentiality About IP
	3.2.3	Access to IP in Museums
3.3	Related Policies
3.4	The Final Product - Your Institutional IP Policy