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CHIN’s Professional Exchange
Intellectual Property
These pages offer a wide range of intellectual property resources for heritage institutions. Resources include guides to licensing strategies, copyright, collective administration of IP and an analysis of how museums can best approach buying and selling IP.
Lesley Ellen Harris Speaks about Developing a Digital Licensing Strategy
0 commentsLesley Ellen Harris Speaks about Developing a Digital Licensing Strategy
Lesley Ellen Harris, author of a A Canadian Museum's Guide to Developing a Licensing Strategy, gives insight on this topic in an interview with CHIN.
A Canadian Museum's Guide to Developing a Digital Licensing Agreement Strategy
0 commentsA Canadian Museum's Guide to Developing a Digital Licensing Agreement Strategy
This second edition addresses the important questions museums face in developing a licensing strategy for digital content.
David Green speaks about intellectual property
0 commentsDavid Green speaks about intellectual property
David Green, author of A Museum Guide to Digital Rights Management, gives insight on issues surrounding intellectual property.
A Museum Guide to Digital Rights Management
0 commentsA Museum Guide to Digital Rights Management
A focus on the technical foundation and strategic decisions involved in practicing rights management; two parts cover the history of rights management and a review of current systems in museums.
The Cataloguing Guide for New Media Collections
0 commentsThe Cataloguing Guide for New Media Collections
Guide providing to specialists in charge of describing, explaining, and exhibiting works of art sufficient knowledge to soundly manage, conserve and exhibit new media artworks.
Guidelines and Case Studies | Media Art and Museums
0 commentsGuidelines and Case Studies | Media Art and Museums
Media art: Online set of guidelines and case studies designed for heritage professionals and cultural institutions seeking to expand their knowledge of the management of media artworks.
Intellectual Property Issues in Cultural Heritage
Intellectual Property Issues in Cultural Heritage
An interdisciplinary and international project on intellectual property issues in cultural heritage.
WIPO Guide on Managing Intellectual Property For Museums
WIPO Guide on Managing Intellectual Property For Museums
From the Web site: "Museums, and the broader cultural heritage community, now have access to a new guide to help them use the intellectual property (IP) system to improve the management of their collections in the digital environment. The "WIPO Guide on Managing Intellectual Property for Museums" recognizes the important role that IP plays in providing access to collections, and in preserving and managing the valuable works they contain. A printed version of the Guide will be available shortly."
Copyright - Canadian Song Vault
Copyright - Canadian Song Vault
A song registration service that provides creators of musical works with a registered date of ownership.
Rina Pantalony, Author of 'Guide on Managing Intellectual Property for Museums', Gives Insight on Issues Surrounding Intellectual Property
0 commentsRina Pantalony, Author of 'Guide on Managing Intellectual Property for Museums', Gives Insight on Issues Surrounding Intellectual Property
Interview and audio transcript featuring Rina Pantalony on a new guide for museums she has authored on managing intellectual property.
Intellectual Property Workshop for Cultural Heritage Institutions
0 commentsIntellectual Property Workshop for Cultural Heritage Institutions
Rina Pantalony's workshop discusses the concepts behind intellectual property and how they apply to museums, the necessity of conducting an organization-wide IP audit and how to develop an IP policy.
Jane Sledge, Associate Director for Museum Assets and Operations at the National Museum of the American Indian, United States
0 commentsJane Sledge, Associate Director for Museum Assets and Operations at the National Museum of the American Indian, United States
Jane Sledge discusses her responsibilities covering the overall management and public use of the physical and intellectual assets of the National Museum of the American Indian (NMAI).
Les musées et la propriété intellectuelle à l'ère du multimédia
Les musées et la propriété intellectuelle à l'ère du multimédia
"LES NOUVELLES DE L'ICOM n° 2 > 2006 La propriété intellectuelle Les musées et la propriété intellectuelle à l'ère du multimédia Dr. Trevor Carmichael, Q.C., Comité des affaires juridiques"
Museums & Intellectual Property in the Multimedia Age
Museums & Intellectual Property in the Multimedia Age
"ICOM NEWS no. 2 > 2006 Intellectual Property Museums & Intellectual Property in the Multimedia Age Dr. Trevor Carmichael, Q.C., Legal Affairs Committee"
Richard Rinehart, Author of 'Nailing Down Bits: Digital Art and Intellectual Property', Gives Insight on Issues Surrounding Digital Art and Intellectual Property
0 commentsRichard Rinehart, Author of 'Nailing Down Bits: Digital Art and Intellectual Property', Gives Insight on Issues Surrounding Digital Art and Intellectual Property
Richard Rinehart on issues surrounding digital art and intellectual property and how they compare to those involving the tangible artefacts traditionally found in museums and art galleries.
Podcasting Legal Guide: Rules for the Revolution
Podcasting Legal Guide: Rules for the Revolution
Available in pdf: http://mirrors.creativecommons.org/Podcasting_Legal_Guide.pdf
Legal and Practical Measures Against Illicit Traffic in Cultural Property
Legal and Practical Measures Against Illicit Traffic in Cultural Property
"Legal and Practical Measures Against Illicit Trafficking in Cultural Property UNESCO HANDBOOK"
Digital Art and Intellectual Property | Nailing Down Bits
0 commentsDigital Art and Intellectual Property | Nailing Down Bits
A discussion of intellectual property issues that are specific to or arise in relation to digital art, written for heritage professionals who deal with digital issues and IP on a regular basis.
Intellectual Property Association
Intellectual Property Association
Dedicated to providing guidance and support to individuals and businesses involved with the development or licensing of Intellectual Property
Australian Libraries Copyright Commitee: Orphaned Works Forum
Australian Libraries Copyright Commitee: Orphaned Works Forum
Many libraries and cultural institutions struggle with copyright issues in relation to 'orphaned works', works where the creator is not known or not locatable. In recognition of this significant problem within institutions, the Government in February announced it would be conducting a review of the issue in 2006.
On 22 May 2006, the ALCC together with CICI hosted a joint forum which looked at the issue of orphan works in libraries and cultural institutions in Australia, and considered options for reform and how best to move forward in light of the upcoming Government review.
Recordings of presentations given at that forum are now available to download.
Reproduction charging models & rights policy for digital images in American art museums
Reproduction charging models & rights policy for digital images in American art museums
**Taken from the description**
"This study explores the cost and policy models adapted by US arts museums in arriving at pricing structures for delivering imaging and rights services. It examines the new market realities and opportunities cultural institutions face due to the transition to digital collections.
One hundred US art museums were surveyed and in-depth interviews were carried out with 20 museums."
Indigenous Bar Association (IBA)
Indigenous Bar Association (IBA)
From the Web site: "The Indigenous Bar Association (IBA) is a non-profit professional organization for Indian, Inuit and Métis persons trained in the field of law.
Its membership consist of Indigenous lawyers (practicing and non-practicing), judges, law professors, legal consultants and law students.
As the field of Indigenous law develops, the public is becoming more aware and interested in Indigenous legal issues. The IBA plays an active role in promoting the development of Indigenous law and supporting Indigenous legal practitioners."
Creators' Rights Alliance (CRA)
Creators' Rights Alliance (CRA)
From the Web site: "The Creators' Rights Alliance (CRA) / L'Alliance pour les droits des créateurs (ADC) is a coalition of national artists' associations and collectives responsible for managing authors' rights, which is devoted to the defense, the promotion and the protection of the interests of Canadian creators in relation to intellectual property."
A Guide to Copyrights
A Guide to Copyrights
From the Web site: "This is an HTML version of the existing guide. The guide includes minor web format changes, links to related web pages and contact information for the Client Service Centre.
This information is to be considered solely as a guide and should not be quoted as or considered to be a legal authority. It may become obsolete in whole or in part at any time without notice. Authority must be found in the Copyright Act, the Copyright Regulations, and in decisions of the courts interpreting them."
Traditional Knowledge and Intellectual Property: A Handbook on Issues and Options for Traditional Knowledge Holders in Protecting their Intellectual Property and Maintaining Biological Diversity
Traditional Knowledge and Intellectual Property: A Handbook on Issues and Options for Traditional Knowledge Holders in Protecting their Intellectual Property and Maintaining Biological Diversity
From the Web site / du site W3 : "Realizing that defensive disclosure is not the only option for traditional knowledge holders, AAAS has created a handbook that attempts to make intellectual property protection options more understandable and readily available for traditional knowledge holders. Its goal is to help local communities understand and identify potential protection mechanisms already present in current intellectual property rights (IPRs) regimes and the public domain for traditional knowledge. In addition to introducing some basic intellectual property concepts, this handbook contains a series of exercises to help the reader to identify knowledge and classify types of knowledge, as well as cultural and interest-related aspects of that knowledge. Through a series of exercises, it is possible for traditional knowledge holders to identify whether or not intellectual property options in the current regime are relevant and/or appropriate for their knowledge."
A How-to Guide for Museums | Developing Intellectual Property Policies
0 commentsA How-to Guide for Museums | Developing Intellectual Property Policies
A guide intended for museums and museum professionals that offers information about intellectual property policies, and addresses issues related to copyright, trademark, patent and trade secrets.
Act to establish the Library and Archives of Canada, to amend the Copyright Act and to amend certain Acts in consequence (Bill C-36)
Act to establish the Library and Archives of Canada, to amend the Copyright Act and to amend certain Acts in consequence (Bill C-36)
From the Web site: "An Act to establish the Library and Archives of Canada, to amend the Copyright Act and to amend certain Acts in consequence... Passed by the House of Commons October 28, 2003."
UNESCO - Reports of the General Conference, 32nd session (including the International Convention on the Preservation of the Intangible Cultural Heritage)
UNESCO - Reports of the General Conference, 32nd session (including the International Convention on the Preservation of the Intangible Cultural Heritage)
From the Web site: "Five standard-setting instruments, including the International Convention on the Preservation of the Intangible Cultural Heritage and the International Declaration on Human Genetic Data, were adopted by the 32nd session of UNESCO's General Conference that ended today, and which was marked by the return of the United States of America to the Organization and by the adoption of a real-growth budget of US$ 610 million for 2004-2005."
New Cost Models for Cultural and Educational Institutions | The Price of Digitization
0 commentsNew Cost Models for Cultural and Educational Institutions | The Price of Digitization
Report on and proceedings of a digitization symposium presented by the National Initiative for a Networked Cultural Heritage (NINCH) and Innodata at the New York Public Library, April 8, 2003.
IP @ The National Academies Newsletter
IP @ The National Academies Newsletter
From the Web site / du site W3 : "IPR-NEWS is a quarterly e-newsletter featuring information on intellectual property rights-related events, reports and projects at the National Academies."
Intellectual Property and Genetic Resources, Traditional Knowledge, and Folklore
Intellectual Property and Genetic Resources, Traditional Knowledge, and Folklore
From the Web site / du site W3 : "Traditional Creativity and Cultural Expressions (also regarded as "expressions of folklore") are important for cultural identity, as well as for preserving and promoting cultural diversity and human creativity."
Trade-marks
Trade-marks
Canadian Intellectual Property Office Trade-marks section.
10 Big Myths about copyright explained
10 Big Myths about copyright explained
This is an essay about copyright myths. It assumes you know at least what copyright is -- basically the legal exclusive right of the author of a creative work to control the copying of that work. This article was originally composed in 1994. The latest revision was in October 2008.
Framework for Copyright Reform
Framework for Copyright Reform
From the Web site: "This document outlines the copyright reform process that the Departments of Industry and Canadian Heritage are undertaking over this government's mandate. Its purpose is to inform Canadians about the objectives of the reform, the process and the underlying principles. It also outlines a number of substantive issues which will need to be considered through the reform process."
Supporting Culture and Innovation: Report on the Provisions and Operation of the Copyright Act (Section 92 Report)
Supporting Culture and Innovation: Report on the Provisions and Operation of the Copyright Act (Section 92 Report)
With the June, 2001, release of A Framework for Copyright Reform, the Government of Canada launched a process for reforming Canadian copyright legislation over the years to come. As part of the process, the Government of Canada will consider issues, consult Canadians, and propose legislative amendments, where necessary, in a step-by-step manner.
Consultation Paper on the Application of the Copyright Act's Compulsory Retransmission Licence to the Internet
Consultation Paper on the Application of the Copyright Act's Compulsory Retransmission Licence to the Internet
From the Web site: "Section 31 of the Copyright Act provides a compulsory copyright licence, which permits the retransmission of the copyrighted works associated with over-the-air television and radio signals without the consent of affected rights holders, so long as specified conditions are met, including the payment of any applicable royalties contained in a tariff certified by the Copyright Board. Recent online developments have made it evident that the Internet can be used as a medium for the retransmission of over-the-air television signals, and have brought into question whether or not Internet-based retransmitters should have the benefit of the compulsory retransmission licence. The Departments of Canadian Heritage and Industry (the departments) are of the view that Internet-based retransmission raises significant issues of public policy, and are therefore seeking public input on the issues set out in this paper. This paper provides background to these issues, including an overview of arguments raised bot h for and against the compulsory copyright licensing of Internet-based retransmission. The paper also sets out certain preliminary views of the departments, along with a non-exhaustive set of options for a possible government response."
Museums Act ( 1990, c. 3 )
Museums Act ( 1990, c. 3 )
Museums Act ( 1990, c. 3 )
Intellectual Property on the Internet: A Survey of Issues
Intellectual Property on the Internet: A Survey of Issues
From the document: "After a brief introduction describing general trends affecting the evolution of the Internet, the Survey addresses the evolving digital economy and the migration of intellectual property to the Internet, as well as the broader questions raised for intellectual property by the impact of information and communications technologies in the digital environment. The Survey focuses on recent developments in the traditional fields of copyright, trademarks and patents, as well as domain names, and progress in private international law and alternative dispute resolution. It also explores the particular concerns that face developing countries in e-development, and outlines the ways in which WIPO is addressing these various issues."
Creating Museum IP [Intellectual Property] Policy in a Digital World - meeting report
Creating Museum IP [Intellectual Property] Policy in a Digital World - meeting report
Meeting Report of the Copyright Town Hall held in Toronto, Canada, September 7, 2002: Creating Museum IP Policy in a Digital World, Museum Computer Network Conference, co-hosted by Canadian Heritage Information Network. Presentation included: Laura Gasaway, Drafting Copyright Policies: The University Experience; Rina Pantalony, Why Museums Need an IP Policy; Christopher Hale, Institutional IP Policy from an International Perspective; Maria Pallante, From IP Audit to Valuation and Management.
CODEX online
CODEX online
From the Web site: "www.codex-online.com is a legal information site functioning as a community tool for publishing, consulting and commenting legal documents."
Integrating Intellectual Property Rights and Development Policy: Report of the Commission on Intellectual Property Rights
Integrating Intellectual Property Rights and Development Policy: Report of the Commission on Intellectual Property Rights
From p.9 (PDF file): "The Commission's fundamental task was to consider whether the rules and institutions of IP protection as they have evolved to date can contribute to development and the reduction of poverty in developing countries. We believe that IP protection of some kind is appropriate at some stage for developing countries. The system provides incentives to invent and develop new technologies that may benefit society."
Seizing the Moment: Scientists' Authorship Rights in the Digital Age
Seizing the Moment: Scientists' Authorship Rights in the Digital Age
From the Web site / du site W3 : "The report of the project describes the challenges that advances in information technology pose for intellectual property law, and identifies a set of "core values" that should be embedded in a system of scientific publishing."
A Legal Guide to Negotiating Web Site Development and Virtual Exhibition Agreements | Protecting Your Interests
0 commentsA Legal Guide to Negotiating Web Site Development and Virtual Exhibition Agreements | Protecting Your Interests
A review of legal issues associated with developing Web based products such as Web sites and virtual exhibitions, and suggestions on ensuring that you have the Web product to best suit your needs.
Illustrating Options | Collective Administration of Intellectual Property for Canadian Cultural Heritage Institutions
0 commentsIllustrating Options | Collective Administration of Intellectual Property for Canadian Cultural Heritage Institutions
An examination of the collective administration of intellectual property in an electronic age, focusing on the collective action museums and cultural institutions can take on issues of copyright law.
Analyzing Commercial Markets for Cultural Heritage Content | Like Light Through a Prism
0 commentsAnalyzing Commercial Markets for Cultural Heritage Content | Like Light Through a Prism
This report discusses issues related to commercial markets for heritage content, such as the buying and selling of museum intellectual property especially in the broadcasting and publishing sectors.
Copyright Guide for Museums and Other Cultural Organizations
0 commentsCopyright Guide for Museums and Other Cultural Organizations
This guide provides the reader with information about copyright issues such as exceptions to copyright infringement and creation of new works as well as their application on a day-to-day basis.
Legal Inhibitors to Technological Innovation? | The Law, NAFTA and Distributed Environments
0 commentsLegal Inhibitors to Technological Innovation? | The Law, NAFTA and Distributed Environments
Intellectual property law, policy, and practice in the United States, Canada, and Mexico regarding technologies that facilitate reproducing and communicating data across jurisdictions.
OPENLAW: Eldred v. Ashcroft
OPENLAW: Eldred v. Ashcroft
From the Web site: "The case challenges the Sonny Bono Copyright Term Extension Act - Congress's recent 20 year extension of the term of copyright protection."
Internet Copyright (DAMIC)
Internet Copyright (DAMIC)
From the Web site: "DAMIC (the new name of the Board of artists for the Internet) was created jointly by six associations representing artists in six categories recognized under the laws on the professional status of artists: dramatic arts (AQAD), audiovisual (SARTEC), the visual arts (RAAV), literature (UNEQ), arts and crafts (CMAQ), and music (SPACQ)."
Office of the Privacy Commissioner of Canada
Office of the Privacy Commissioner of Canada
From the Web site: "This section will also give you an idea of how our office is set up and describe the different roles encompassed within the Office of the Privacy Commissioner of Canada. These include Investigations and Inquiries, Privacy Practices and Reviews, Communications and Strategic Analysis, Legal Services and Corporate Services."
