Kirklees Image Archive contains language that mirrors the policy above (in italics): "By viewing a digital image from this collection, you are agreeing to comply with licensing obligations. These state that your use of the image is for personal use only, and that you will not copy, publish or distribute the image in any way."[1]
Leeds Museums & Galleries permits downloads "provided [the content] is not re-used or re-published in any way".[2]
Manchester Art Gallery states "[a]l material is provided for browsing and viewing purposes only. No copies of the digital images or text may be made except for personal use", and goes on to describe personal use as "non-commercial, domestic use by an individual involving the making of only single copies of each digital image".[3]
National Museums Liverpool permits users to "save, copy and print our images from our website, provided they are solely for your own personal use".[4]
National Museums Northern Ireland prohibits content from being "copied, altered in any way or transmitted to others (unless explicitly stated otherwise) without authorisation".[5]
National Portrait Gallery informs users the "website is here for [their] enjoyment" and permits users to "access, download and/or print contents for non-commercial research and private study purposes". Those who "wish to use this material in any other way, [] must seek permission".[6]
Tank Museum permits users to "access, download and print pages from the Materials on a temporary basis for the sole purpose of viewing them for non-commercial personal or educational purposes".[7]
Ronan Deazley and Robert Sullivan have argued that terms which users to pay a licence fee for uses deemed to be fair dealing and permitted by copyright law could violate the Fraud Act 2006, specifically the section 2 offence of fraud by false representation.[8]
In a bespoke non-commercial licence, the Imperial War Museum defines 'use' around negative restrictions, rather than permissions: "Use' as a verb, means doing any act which is restricted by copyright or database right, whether in the original medium or in any other medium, and includes for the purpose of this licence use without limitation distributing or copying in accordance with the terms of this licence." The licence does not acknowledge the acts or 'use' legally permitted by copyright law.
Many terms extend to activity on personal blogs and social media, content captured by screenshots and/or sent by text and email, as well as data storage on personal devices and local drives. Realistically, GLAMs lack the sufficient resources and ability to enforce them, even if they were supported by law.
- ↑ Terms, 22. Kirklees Image Archive (All rights reserved)
- ↑ Terms of Use, 23. Leeds Museums & Galleries (All rights reserved)
- ↑ Copyright, 26. Manchester Art Gallery (All rights reserved)
- ↑ Images and photography service, 37. National Museums Liverpool (All rights reserved)
- ↑ Copyright, 38. National Museums Northern Ireland (All rights reserved)
- ↑ Copyright and reuse, 39. National Portrait Gallery (Closed licences)
- ↑ Privacy and Legal, 54. Tank Museum (All rights reserved)
- ↑ See Ronan Deazley and Robert Sullivan 'Copyright, Licences, and Statutory Fraud (2011) Journal of Media Law 3(2): 287-303
