to a member of the public as it charges Louis Vuitton and Jeff Koons.[1]
Privacy and data protection. Finally, laws protect personal or sensitive information related to living individuals and prohibit reuse that would be incompatible with data protection laws, like the General Data Protection Regulation (GDPR) and Data Protection Act 2018.[2] As data controllers and public authorities, GLAMs must guard against disclosing information that has been derived from personal data and process it to ensure individuals cannot be identified. These laws must be balanced against others promoting public access and reuse. For example, an out-of-copyright document digitised by scan as part of the public task may contain personal or sensitive information that requires redaction or prevents the GLAM from disclosing or supplying the information, even though the digital surrogate is in the public domain. This can impact a range of materials and data related to donors, rightsholders, archives, photographs, metadata, or other information identifying living individuals.
Introducing the layers. When it comes to interpreting these laws, assessing any rights in materials is not always straightforward. Layers of composite media can involve different rights and rightsholders depending on Crown copyright, moral rights, photographers (e.g., employees versus freelance), third party partnerships, staff members who author information or users who contribute data, including a balance of rights in the data or information and corresponding obligations to provide or restrict access to them.
The figure 3 diagram shows how layers of (potential) rights may arise in collections media, starting with a 2D or 3D work of art or cultural object and following it through various processes of digitisation, information and collections management.
This summary has been simplified to frame the issues raised by the literature review and interview participants when digitising and managing public domain collections.
- ↑ https://hk.louisvuitton.com/eng-hk/stories/masterscampaign2#
- ↑ Data Protection Act 2018, c. 12
