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

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

275 Pages Posted: 2 Nov 2009 Last revised: 3 Nov 2014

Peter B. Hirtle

Harvard University - Berkman Klein Center for Internet & Society

Emily Hudson

King's College London – The Dickson Poon School of Law; T.C. Beirne School of Law, University of Queensland

Andrew T. Kenyon

University of Melbourne Law School

Date Written: October 27, 2009

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 Classification: I2, I20, K1, K10, K19, Z1

Suggested Citation

Hirtle, Peter B. and 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: https://ssrn.com/abstract=1495365

Peter Hirtle

Harvard University - Berkman Klein Center for Internet & Society ( email )

Harvard Law School
23 Everett, 2nd Floor
Cambridge, MA 02138
United States

Emily Hudson

King's College London – The Dickson Poon School of Law ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

T.C. Beirne School of Law, University of Queensland ( email )

The University of Queensland
St Lucia
4072 Brisbane, Queensland 4072
Australia

Andrew T. Kenyon (Contact Author)

University of Melbourne Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia
61 3 8344 9972 (Phone)
61 3 9348 0973 (Fax)

HOME PAGE: http://www.law.unimelb.edu.au/cmcl/

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