Online collections - 'Copyright traffic light'

Online collections - 'Copyright traffic light'

Understanding your copyright responsibilities is an important part of using a public, online catalogue, as well as when sharing your collection in other ways online.

When digitising collections and making those digital copies available to the public, these responsibilities include respecting the rights of creators and abiding by the conditions of the Copyright Act 1968.

A print-friendly PDF of this article is attached below.

BEFORE YOU BEGIN

This information sheet provides general advice relating to copyright considerations for collections when publishing and sharing online. If you need to know how the law applies in a particular situation, please seek advice from a lawyer. For an introduction to copyright, see the Glossary and Further Resources section below.

In the Victorian Collections CMS, information relating to copyright is documented at item level, and entered in both the Media and Rights sections of an Item record. 


THE 'COPYRIGHT TRAFFIC LIGHT' APPROACH
A Copyright Traffic Light approach can help you plan effectively and understand the level of effort which may be needed to share an item from your collection online. This system helps you identify which items are safe-to-publish versus those where effort will be needed to identifying their copyright status and/or those which require permission before sharing. 

You can use the following categories to assign your collection items as either Green, Amber, or Red within this system. Ensure you are consulting with reputable information sources, such as the Australian Copyright Council, when assigning the respective categories.

GREEN:  CAN BE FREELY PUBLISHED ONLINE
  1. Images of items that do not have copyright restrictions e.g. medals, clothing, utilitarian items 
  2. Images of works where copyright has been waived by the copyright holder (such as through a Creative Commons License or public domain status)
  3. Works where copyright has expired, and the work is in the public domain
  4. Materials where the copyright is owned by your organisation
  5. Works for which your organisation has already received permission to copy or share, by way of a license or transfer granted by the copyright holder.

AMBER: CAN BE PUBLISHED AFTER INVESTIGATION/CONSIDERATION
  1. Works for which copyright may have expired, including:
  1. Photographs: Copyright expires 70 years after the death of the photographer, or is expired if taken before 1955
  2. Literary works  published during the lifetime of an author: Copyright expires 70 years after the death of the author, or is expired if the author died before 1955
  3. Artworks: Copyright expires 70 years after the death of the artist, or is expired if the artist died before 1955
  4. Unpublished materials: Copyright expires 70 years after the death of the author, or if author died before 1949 
  5. Orphan works (where creator cannot be identified): Copyright expires 70 years from publication or creation Works for which you have permission to copy, by way of a license or transfer granted by the copyright holder (e.g. a signed Donor Form or Licence Agreement)

RED : EXERCISE CAUTION!
  1. Works which are under copyright – particularly books, artwork, film or any material which is commercially available – should only be shared online with the permission of the copyright holder 
  2. Works for which you have been unable to obtain a license or copyright transfer from the original owner, or where the creator cannot be identified and the item is still within copyright, you can engage a legal professional to explore whether you are eligible for any exemptions under the Copyright Act 1968. 
Warning
Remember! When sharing or publishing copyright material you must also respect the moral rights of the creator by providing an attribution. Refer to the Glossary below for further detail.

DUE DILIGENCE

KEEP A RECORD
An important part of the Copyright Traffic Light approach is keeping a record of the outcomes of your research, the copyright status of an item, and of any permissions received or sought where copyright does apply. 

The VC CMS allows you to record this information via the Rights section of an Item record: 

      • details of the research you undertook and sources you consulted can be recorded in the Copyright research field 

      • the applicable copyright category can be selected in the Copyright category field 

      • the date the work’s copyright will expire can be recorded in the Copyright expiry field 

      • the name and contact details of the copyright holder can be recorded in the Copyright holder fields 

      • any applicable permissions and attribution requirements provided to your organisation by the copyright holder can be recorded in the Permissions and Attribution requirements fields 


DEVELOP A TAKEDOWN POLICY
Developing a Takedown Policy for your organisation will help guide your staff and volunteers in the steps to take if the organisation are contacted by a person who claims they own the copyright to an item which has been shared, for which they did not provide permission. Refer to the Glossary for further information.  

Your Takedown Policy exists as a separate document, alongside your other policies and procedures. It may be used only for copyright-held material, or it may be used to guide responses for a range of takedown requests, such as those relating to private or sensitive content. 

Your Takedown Policy may include agreed actions such as:

      • Before responding, we will temporarily set the Item record and/or Media file in question to private/‘Do not share’

      • We will respond to the claimant to begin an assessment and determine the validity of the claim

      • We will seek further information as needed to determine the validity of the claim

      • We will provide our copyright research details, or other documentation to support our response

      • We will engage by acting in ‘good faith’, and work with the claimant towards a resolution

      • We will seek legal advice where appropriate

      • We will not make the impacted item and/or media public until there is a resolution which satisfies both the claimant and our organisation

      • We will keep records and document the outcomes of the claim


GLOSSARY
  1. Copyright: a set of rights (to copy, to communicate, to perform etc.) granted to the creator of an original work for a specific period of time. An original work can include literature, dramatic works, artistic works, sound and video recordings, even computer programs. 
  2. Public Domain: in Australia, 'in the public domain' means material for which copyright has expired. The term has varying definitions abroad.
  3. Creative Commons: a way for copyright holders and content creators to allow the public to use material in certain ways without having to seek a formal license agreement. The licences allow the public to use material free of charge under the varying levels of restrictions. Learn more here:  http://creativecommons.org/about/licenses/
  4. Attribution: an acknowledgement which gives credit to the creator or copyright holder of an original work 
  5. Moral Rights: the rights individual creators have in relation to copyright works they have created. Importantly, moral rights cannot be transferred or sold, so even if copyright is transferred to a third party, moral rights remain with the creator. Moral rights ensure that 1) a creator is attributed for their work, 2) their work is not falsely attributed, and 3) their work is not treated in a derogatory way. 
  6. Takedown Policy: a document outlining the agreed-upon steps an organisation will take in response to an approach from a person who claims they own the copyright to an item which has been shared, for which they did not provide permission.




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FURTHER RESOURCES
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  1. An Introduction to Copyright in Australia, Australian Copyright Council, https://www.copyright.org.au/browse/book/ACC-An-Introduction-to-Copyright-in-Australia-INFO010 
  2. Duration of Copyright, Australian Copyright Council, https://www.copyright.org.au/browse/book/ACC-Duration-of-Copyright-INFO023 
  3. Galleries & Museums: Introduction to Copyright, Australian Copyright Council, https://www.copyright.org.au/browse/book/ACC-Galleries-and-Museums:-Introduction-to-Copyright-INFO068 
  4. Moral Rights, Australian Copyright Council,  https://www.copyright.org.au/browse/book/ACC-Moral-Rights-INFO043 
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