right of integrity to licences for ND (NoDerivatives). All UK GLAMs using CC licences at the very least use the BY licence, as CC BY is both the most permissive licence and starting point for all other variants. Some also opt for the ND licence to prohibit any remixing, modifications or adaptations of images and data. These include: Fitzwilliam Museum (Own website); Glasgow Museums (Art UK); Guernsey Museums & Galleries (Art UK); Historic Royal Palaces (Art UK); Kirklees Image Archive (Art UK); Leeds Museums & Galleries (Art UK); Manchester Art Gallery (Art UK); Museum of Classical Archaeology (Own website); National Gallery (Own website); National Portrait Gallery (Own website, Art UK); Pitt Rivers Museum (Own website); Royal Academy of Art (Own website); Royal Museums Greenwich (Own website); Sir John Soane’s Museum (Art UK); Tate (Own website, Art UK); University of York (Own website); Wallace Collection (Own website).[1]
Language that resembles moral rights by requiring attribution, preventing modification or imposing other restrictions are in countless GLAM policies.[2] Many terms go far beyond the protections available under UK law.
With respect to the rights to attribution and to object to false attribution, GLAMs regularly require users to acknowledge the organisation and sometimes the author of the work. For works in the public domain, the author’s right of attribution has expired. This means there is no legal obligation to cite the author (even though it is good practice). That these obligations are included in policies suggests they are meant to be contractually enforceable. Some GLAMs provide examples to aid users, which notably are of public domain artworks. The examples below are taken directly from policies:
Claude Monet, Poplars, 1891, Image © The Fitzwilliam Museum, Cambridge
Leonardo, The Virgin of the Rocks, 1491–1508 Photo © The National Gallery, London
Joseph Michael Gandy, ‘An imagined view of the Bank of England in ruins’, 1830, Photo: © Sir John Soane’s Museum, London
The Fleming Collection also prohibits the “false attribution of authorial or copyright credits, and the removal of any FWAF metadata from digital file formats”.[3] By contrast, Birmingham Museums Trust includes a standard image by-line on items that states, “Optional attribution: Photo by Birmingham Museums Trust, licensed under CC0.”[4] With respect to the right of integrity, policies range in scope. The Atkinson Art Gallery prohibits modification of materials.[5] The National Museums Northern Ireland prohibits content from being “altered in any way”.[6] The Fleming Collection prohibits “inaccurate or distorted reproductions”.[7] Tate prohibits users to “extract from, manipulate, alter or modify the Materials in any way”.[8] The Wallace Collection prohibits “inaccurate or distorted reproductions, colour treatments, alterations or adaptations of website content, except where other terms allow”.[9]
- ↑ See Appendix 2.
- ↑ See Appendix 2.
- ↑ Terms & Conditions, 14. Fleming Collection (All rights reserved)
- ↑ Image byline, 4. Birmingham Museums Trust (All eligible data - no new rights)
- ↑ Terms & Cons, 3. Atkinson Art Gallery (All rights reserved)
- ↑ Copyright, 38. National Museums Northern Ireland (All rights reserved)
- ↑ Terms & Conditions, 14. Fleming Collection (All rights reserved)
- ↑ Creative Commons licences and Tate, 55. Tate (Closed licences)
- ↑ Copyright and images, 59. Wallace Collection (Closed licences)
