(where the artist is still alive or has died in the last 70 years)”.[1] Accordingly, the Museum considers requests for educational use of only digital surrogates of public domain works in the collection (which also imposes Museum oversight over the fair dealing exception).
These framings of fair dealing and educational use can change according to resolution, media type and whether the documents fall within the public task, as discussed further below.
4.2.6. Commercial versus non-commercial activities
Activities framed as commercial versus non-commercial demonstrate how GLAMs view permissible activities around reproduction media. Some GLAMs prohibit all commercial reuse in policies.
Many GLAMs publish materials via Creative Commons Non-Commercial licences and use language from the NC 4.0 version in the policy to clarify that non-commercial “means not primarily intended for or directed towards commercial advantage or monetary compensation”.[2] This includes: Fleming Collection; Glasgow Museums; LSE Library; Museum of Classical Archaeology; Science Museum Group; Tate; and Art UK.[3] The Bodleian Libraries goes on to explain: “This restriction is in place in part because the Bodleian Libraries seek to protect the commercial partnerships and activities based on images of our collections that provide an income stream that supports the work of the Bodleian, including our digitization efforts.”[4]
A handful of national museums use the CC language and list bespoke examples of commercial and non-commercial activities. Commercial use examples from the British Museum (CC BY-NC-ND-SA 4.0) include: “anything that is in itself charged for”, “freely distributed leaflets that promote goods or services” and “display in public places offering or promoting a product or service”.[5] While the Victoria & Albert Museum reserves all rights (i.e., does not use CC licences), it does use the NC language to define non-commercial purposes (overlap in italics): “The V&A considers noncommercial use to be any use that is not intended for or directed towards commercial advantage of monetary compensation.”[6] Note that “primarily” does not modify “intended” in this version, which expands the scope of activities that might qualify as commercial use. Finally, the National Portrait Gallery (CC BY-NC-ND 3.0) defines commercial use via terms related to print runs and publications, as previously discussed. Similar to the Bodleian Libraries, the Gallery expressly highlights image licensing as an important income stream: “Diligent conduct in respect of [IP] rights, as well as the protection, active use and careful development of the revenue-generating potential of the Gallery’s IPR, are essential to the Gallery’s functioning, good reputation, authority, sustainability and the achievement of its core objectives.” A few paragraphs later, it continues: “The Gallery’s image licensing department raises money by licensing reproductions, thus supporting both the free entry policy and the Gallery’s main functions caring for its Collection and engaging people with its works.”[7]
Some GLAMs create bespoke non-commercial licences which use the NC language. The Royal Armouries uses its own ‘Non-Commercial Licence (and Crown Copyright Licence)’ which defines
- ↑ Reproducing Museums Sheffield’s Images, 32. Museums Sheffield (All rights reserved)
- ↑ https://creativecommons.org/licenses/by-nc/4.0/legalcode
- ↑ See Appendix 2.
- ↑ Terms of Use, 5. Bodleian Libraries (Closed licences)
- ↑ Copyright and permissions, 8. British Museum (Closed licences)
- ↑ Website terms and conditions, 58. Victoria & Albert Museum (All rights reserved)
- ↑ Copyright and reuse, 39. National Portrait Gallery (Closed licences)
