Museums benefit from New Copyright Exceptions
By ucylcjh, on 30 May 2014
It is interesting that some of the new copyright exceptions have been extended to benefit Museums specifically:
A good example is the updated Section 42 of the Copyright Designs and Patents Act 1988 (CDPA) which permits libraries, archives and museums to reproduce copyright works for purposes of replacement and preservation. Not only does this exception now cover museums, it has also has also been widened to encompass copying of works in any format. This means for example that deteriorating film stock and fading photographs can now be reproduced (digitised) for preservation.
The other prominent example of the inclusion of museums is an entirely new exception in Section 40B of CDPA (new to UK legislation that is – it is drawn from the EU Copyright Directive 2001/29/EC). This permits libraries, archives, museums and educational establishments to make a copyright work available on a dedicated terminal to members of the public for purposes of research and private study. Interesting that this is not limited to “non commercial” research, but then it does not permit copying.
Although not explicit in the wording of the new exception, the IP Minister, Lord Younger has made it clear that the primary purpose is to improve the availability of digitised copies of older copyright material which may be fragile and otherwise inaccessible to the public.
There is ongoing litigation in Germany involving a University which sought to rely on the underlying exception in EU legislation to justify making a recently published book available via “dedicated terminals” (Schulze v. Darmstadt). Various issues have been referred to the European Court of Justice (reference C-117/13). The outcome will be interesting.