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Copyright and Cultural Institutions: Guidelines for Digitization for U.S. Libraries, Archives, and Museums

Peter B. Hirtle
Cornell University Library

Emily Hudson
T.C. Beirne School of Law, University of Queensland

Andrew T. Kenyon
University of Melbourne Law School



Peter B. Hirtle, Emily Hudson, and Andrew T. Kenyon, COPYRIGHT AND CULTURAL INSTITUTIONS: GUIDELINES FOR DIGITIZATION FOR U.S. LIBRARIES, ARCHIVES, AND MUSEUMS, Ithaca, NY: Cornell University Library Press, Forthcoming
U of Melbourne Legal Studies Research Paper No. 434

Abstract:     
Digital communications technologies have led to fundamental changes in the ways that cultural institutions fulfil their public missions of access, preservation, research, and education. Institutions are developing publicly-accessible websites in which users can visit online exhibitions, search collection databases, access images of collection items, and in some cases create their own digital content. Digitization, however, also raises the possibility of copyright infringement. “Copyright and Digitization” aims to assist understanding and compliance with copyright law across libraries, archives, and museums. It discusses the exclusive rights of the copyright owner, the major exemptions used by cultural heritage institutions, and stresses the importance of “risk assessment” when conducting any digitization project. It also includes two cases studies, examining digitizing oral histories and student work. As well as free availability here, print copies are available for purchase via createspace.

Keywords: copyright, cultural institutions, public access, online exhibitions, copyright and digitization

JEL Classifications: I2, I20, K1, K10, K19, Z1

Accepted Paper Series

Date posted: November 02, 2009 ; Last revised: December 01, 2009

Suggested Citation

Hirtle, Peter B., Hudson, Emily and Kenyon, Andrew T., Copyright and Cultural Institutions: Guidelines for Digitization for U.S. Libraries, Archives, and Museums (October 27, 2009). Peter B. Hirtle, Emily Hudson, and Andrew T. Kenyon, COPYRIGHT AND CULTURAL INSTITUTIONS: GUIDELINES FOR DIGITIZATION FOR U.S. LIBRARIES, ARCHIVES, AND MUSEUMS, Ithaca, NY: Cornell University Library Press, Forthcoming ; U of Melbourne Legal Studies Research Paper No. 434. Available at SSRN: http://ssrn.com/abstract=1495365


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Contact Information

Andrew T. Kenyon (Contact Author)
University of Melbourne Law School ( email )
Victoria 3010 Australia
61 3 8344 9972 (Phone)
61 3 9348 0973 (Fax)
HOME PAGE: http://www.law.unimelb.edu.au/cmcl/
Peter Hirtle
Cornell University Library ( email )
Ithaca, NY 14853
United States
HOME PAGE: http://www.library.cornell.edu
Emily Hudson
T.C. Beirne School of Law, University of Queensland ( email )
The University of Queensland
St Lucia
4072 Brisbane, Queensland Australia
Feedback to SSRN (Beta)


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