Subject: Re: EU copyright exceptions
From: Trock, Jacob (jacob.trock@post3.tele.dk )
Date: ke 16 huhti 1997 - 12:54:47 EEST
About exceptions in relation to Article 10 of the WIPO Copyright Treaty.
As a Bureau member of the European Confederation of
Conservator-Restorers Organization (E.C.C.O.) and working at a museum of
Photographic Art in Denmark, I have been aware of difficulties in the
field between preservation/conservation and copyrights.
The main obligation for museums and archives is to preserve their
collections. Many modern materials as plastics, film and paper does not
have a lifetime as long as the copyright is valid. So, if you want to
preserve objects from this century you will often come in conflict with
the copyright.
Ofcourse museums and archives could ask for permission, and in almost
all cases have green light to continue conservation treatment, but this
would cause great burdens on the administrative part.
In most national copyright Acts there are exceptions for Cultural
institutions like Museums, Libraries and Archives. As long as we are
discussing fair use and not profit making use of objects from theese
institutions there should be no limitations in use, conservation,
exhibition, lending and reproduction as long as it has preventive
purpose.
If not, we could risk that museums will limit their use of objects from
modern time just to avoid copyright issues. As it is at the moment with
the danish copyrigh act, you can not make a contract with an artist,
giving free use of his work, within limits. These contracts can be
signed in so called "bad faith" and be cancelled at what ever time he or
not at least the relatives want.
Just one case story.:
You have a photograph from 1950. The print is chemically very unstable
and not suited for exhibit. But this piece of art is very important to
be shown in an exhibition. The photographer has been dead for several
years. The Conservator wants to make a reproduction for the exhibition.
Is he allowed to make this reproduction?
What would you answer?
Regards
Jacob Trock
Conservator
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