Hello,
I’d like to highlight something Elizabeth said, “Whether you get sued for copyright infringement is really just part of the consideration here. The other part is simple courtesy and respect for the creative rights and property of others.” The second sentence is something I think is really important. Prior to my arrival at my current institution things were pretty haphazard with regards to silly things like ‘laws’ and ‘standards’ and as a result we’ve ended up with quite a few copies of images in the collection that weren’t sourced directly from donors. These were acquired from other institutions for a variety of reasons, such as in house exhibits. Many of these images are public domain (copyright terms being shorter in Canada) and legally we may be able to reproduce them but ethically I always direct requests to our source or ask permission first. I feel that the respect for the property of others is something beyond the word of the law sometimes but just as important. This may not be exactly where Elizabeth was going with it but it’s something to keep in mind during discussions of this nature. Even if you can legally use some content you’ve found, it’s always good to ask anyway as a courtesy.
William Shepherd
Collections Officer
Swift Current Museum
44 Robert Street West
Swift Current, Saskatchewan
S9H 4M9
Phone: 306-778-4815
Fax: 306-778-4818
From: Museum discussion list [mailto:[log in to unmask]] On Behalf Of Elizabeth Simon
Sent: Tuesday, May 17, 2016 11:53 AM
To: [log in to unmask]
Subject: Re: [MUSEUM-L] Streaming videos/games and fair use
Sigh. Just because content is available on the Internet does NOT mean it is free for anyone to use as they wish.
1. Find out who owns the copyright. In most cases, it is the producer of the video. But remember that on YouTube people also upload content they did not create.
2. Ask the copyright holder for permission to use the content, spelling out exactly how it will be used and whether you (or your museum) will profit financially from the use.
3. Many things on the Internet are public domain or Creative Commons, but there is absolutely no reason to assume the content you want to use is openly available. If the site doesn't say so, assume the opposite.
4. Don't try to guess whether your use of the content falls under Fair Use.If you think it does, ask a copyright lawyer. Better yet (and cheaper), just ask the copyright holder for permission.
5. If you can't find out who holds the copyright, your best course is probably to find alternative content.
Whether you get sued for copyright infringement is really just part of the consideration here. The other part is simple courtesy and respect for the creative rights and property of others.
Elizabeth Simon
Publications Manager
Council on Social Work Education
On Tue, May 17, 2016 at 11:37 AM, Shane Buxman <[log in to unmask]<mailto:[log in to unmask]>> wrote:
Good morning Brian,
I don't have as much experience with copyright law as many others on this Listing, but from my understanding, if you plan on using original content on YouTube, then that would be perfectly legal. YouTube is free and easily accessible to everyone so the "access" portion of copyright law would be in your favor.
Again, this only would work for original content on YouTube. By this, I mean content created by individuals such as make-up tutorials, how-to videos, cat videos, etc. many people illegally upload television shows and movies to YouTube thus violating copyrights so I would advise against using anything of that sort.
I hope this helps! I'm fairly well versed in YouTube's uses, content, etc. so if you have any questions about that, feel free to ask.
Hope your day is going well,
Sincerely Shane
Archival Support Coordinator
Surge Consulting
On May 16, 2016, at 10:45 PM, Brian Failing <[log in to unmask]<mailto:[log in to unmask]>> wrote:
Good Evening,
I would like some advice on technology and copyright. If a museum has an iPad and puts films from YouTube that they did not create or downloads a game from the app store, do they need to obtain permission to show and use them? The museum will begin charging admission in the coming month.
I understand the concepts of Fair Use, but also see where this could be considered a commercial use of the material, in which case Fair Use does not apply. Or does it apply even though the museum charges admission?
Thank you in advance for any insights.
~Brian
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