What you are talking about is the copyright on the computer program that you use, or a patent for the process that you that program leads a person through (like one click shopping on Amazon.com). But if you use off the shelf software and another museum does the same type of thing but for say an exhibit on another topic they would not be violating a copyright. If you try to protect the process which your exhibit uses, such as interactive computers which aid in your exhibit, that is a patent, and it is going to have to be a novel, utility or non obvious use for the PTO (Patent Trade Office) to allow you gain a patent upon it, because in effect it would be giving you a monopoly on its use. Using technology to aid an exhibit may sound new to a museum but I have seen office buildings, malls and other places that use technology to help with navigation and understanding in buildings, the courts may just feel that you are using a form of this system. Now this may sound like it is going off topic but it seems to me that your museum should
also look at exactly what you are doing and whether you need a copyright or a patent or even if it can be protected by either or both.
As for the question as to how the income from this will be treated by the IRS, remember that a nonprofit may engage in insubstantial commercial business activity without losing its status, even substantial commercial pursuits will not jeopardize an organizations' exempt status if they are in furtherance of its exempt purpose. BUt I think the question focused on whether such activities would be subject to UBIT (Unrelated Business Income Tax) and it probably would, I think ( it is a topic that needs more thought). If however you had as part of your mission the designing of museum exhibits for others then you can put the licensing of the exhibit under your mission and avoid UBIT. I could be wrong about this last part, but that is my first guess, it definitely needs to be looked into and discussed before anyone does it.
Steven Bush
Siobhan Starrs wrote:
> Actually, copyright and licencing of exhibits is a concern my office is currently deliberating. We are developing an exhibit design (that incorporates a specific technological system including computer-based and plasma screen technology) that we would like to offer to other museums as a prototype that they could adopt in whole, or in part, to fit their needs and their audience. In my research, I have come across several museums and science centers that create exhibit designs, or technological systems, and then sell these components to other museums or science centers. So, copyright or licencing of exhibits is a relevant issue. Many smaller museums do not have the infrastructure to build elaborate displays and cannot afford costly design/fabrication firms. It seems as if museums and other educational organizations can offer exhibit concepts and designs to each other at significantly reduced costs or even with some in-kind relationship. Obviously there are obstacles and can be drawbacks to this approach, but it is an interesting idea.
>
> Regards,
> Siobhan Starrs
>
> Siobhan Starrs
> Forces of Change Program
> National Museum of Natural History
> p: 202/357-4680/ f: 202/786-2567
>
> >>> [log in to unmask] 02/28/01 06:34PM >>>
> Believe me the exhibit itself should be enough to copyright the exhibit. Just because it is taken down does not effect this. What is important however is that you really do not have to register a copyright unless you are bringing an action in court. You recieve copyright
> protection once it is in tangible form. If you are going to register the exhibit you are correct that some record of it must be submitted. BUt registering the exhibit it probably a waste of time and resources, I can see almost no reason to do so.
>
> As for who would own the exhibit, that is a work for hire argument and should be left for another day since explaining it can cause headaches. And I also like Brian Dennehy.
>
> Steven Bush
>
> Albert Sperath wrote:
>
> > Steven Bush wrote:
> >
> > >I think that the exhibit it self is a tangible form. I do not think you
> > >need to write out >the design or anything, a tangible form is a tangible
> > >form.
> >
> > I respectfully disagree. The exhibition I pictured was a temporary one even
> > if a long term installation and will eventually disappear. Without a
> > tangible document like a plan, file or photographs there will be no
> > evidence of it for ©. To register it in Washington it there must be
> > tangible evidence submitted with the application.
> >
> > Adrienne DeAngelis wrote:
> >
> > >Exhibitions are the work of many people, usually both
> > >inside and outside of the exhibiting insititution. To whom would such a
> > >copyright on the whole exhibition belong?
> >
> > My understanding is it would be the museum that they work for. Regardless
> > of whether they were in the direct employ of the museum or contract
> > designers (work for hire).
> >
> > >Finally, what earthly purpose would be served by trying to
> > >copyright an entire exhibition?
> >
> > The original question from Pamela Feltus was:
> >
> > >Has anyone ever had, or heard of, an exhibit copyrighted or anything like
> > >that for the protection of intellectual property?
> >
> > The answer is simply yes it can be ©ed and Ms. Feltus can tell us what
> > brought this inquiry to the list.
> >
> > >It would seem that Mr. Sperath has seen
> > >"The Belly of an Architect" (where an exhibition planned by one man is
> > >hijacked by others in a money-laundering scheme) too many times.
> >
> > BTW, Brian Dennehy is one of my favorite actors and it is impossible to see
> > his films too many times.
> >
> > Respectfully submitted,
> >
> > Albert Sperath
> >
> > Albert Sperath, Director
> > University Art Galleries
> > Murray State University
> > 604 Fine Arts Center
> > Murray KY 42071-3342
> >
> > 270.762.6734 voice
> > 3920 fax
> >
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> >
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