Page:A Culture of Copyright - A. Wallace.pdf/121

This page has been validated.

Institution accounts for 3,942,729 CC0 assets (or 37.0%) of the total volume.

The US has a high representation of total instances that publish all eligible collections to the public domain: 50 total instances (or 17.1%). For comparative purposes, this list is provided on the next page.

GLAMs with collections on Flickr Commons and Wikimedia Commons primarily publish on a some eligible data basis.

Three points provide helpful context to the US data. First, works created by federal government employees in the course of employment automatically belong to the public domain.[1] This applies to employees of federal agencies like NASA, but not to employees of national cultural institutions like the Smithsonian Institution, which receives around 66% of funding from the federal government. Second, there is no federal law on whether copyright subsists in digital surrogates, although the Section 2 discussion of judicial interpretation suggests greater consensus among case law has positively impacted GLAM policies. Third, US GLAMs rely on a combination of public and private funding, with most US GLAMs receiving a majority of funding through private sector, philanthropic funding and self-generated revenue. While these factors may distinguish the US from the other countries with high representations of open GLAM, the outcome for GLAMs is the same: a decision to open collections remains a policy decision rather than one based on clear legal obligations.

Instances of all eligible data published to the public domain:

  • Albright-Knox
  • American Numismatic Society
  • Art Institute of Chicago
  • Barnes Foundation
  • Birmingham Museum of Art
  • Bowdoin College Museum of Art
  • Carnegie Hall Archives
  • Clark Art Institute
  • Cleveland Museum of Art
  • Cornell University Library
  • Davison Art Center, Wesleyan University
  • Detroit Institute of Arts
  • Gerald R. Ford Presidential Library and Museum
  • Grand Rapids Public Museum
  • Harvard Library
  • Indianapolis Museum of Art at Newfields
  • J. Paul Getty Trust
  • Library of Congress
  • Los Angeles County Museum of Art
  • Metropolitan Museum of Art
  • Minneapolis Institute of Art
  • NASA
  • National Archives and Records Administration
  • National Gallery of Art
  • New York Public Library
  • Newberry Library
  • Rhode Island School of Design Museum
  • Saint Louis Art Museum
  • Science History Institute
  • Smithsonian Institution (19+ collections)
  • U.S. Department of Agriculture, National Agricultural Library
  • Walters Art Museum
  • Yale Center for British Art
  • Yale University Art Gallery
  • Yale University Library

Not included in the data: Carnegie Museum of Art; Huntington Library, Art Museum and Botanical Gardens; Museum of Fine Arts Boston; Museum of Fine Arts, Houston; Nelson-Atkins Museum of Art, Kansas City; Peabody Essex Museum; and Philadelphia Museum of Art.


  1. 17 USC 5 105
A Culture of Copyright
118