THE CINEFILES IMAGE DATABASE: A MODEL
FOR WORKING WITH COPYRIGHTED MATERIALS
Summary of Project In
2002, Pacific Film Archive was awarded an IMLS National Leadership
Grant to explore innovative ways of working with copyrighted
materials in the digital environment. The primary goals of
the project are to thoroughly research and investigate copyright
licensing and permissions practices, with an aim not only
to negotiate additional permissions to display digital surrogates
via CineFiles,
but also to produce guidelines for others confronting similar
concerns.
Research We began
by researching current literature on the issue of digital
access to copyright–protected materials, and by compiling
a detailed list of experts and colleagues to consult and interview
who are engaged in comparable projects or who have similar
intellectual property concerns. We prepared an online survey
and invited responses from a broad cross–section of
stakeholders including readers of the Image–lib and
mcn–l listservs; IMLS grant recipients; and managers
of other digital projects based in U.S. and international
libraries, museums, and archives. We also consulted an attorney
with expertise in intellectual property law about legal issues
regarding the presentation of digital surrogates of protected
materials. We reviewed and improved our permissions request
procedures. We sought advice on ways in which developing innovations
such as tethering technology, watermarking, and other property
protection–encoding technologies could be applied by
CineFiles and similar digital image databases.
Rights Clearance Concurrently
with the research described above, we identifed and researched
contact information for numerous rights holders, focusing
on those holding copyright to documents in the CineFiles
database. PFA's copyright permissions analyst designed a systematic
schedule to request permissions and query copyright holders
regarding their requirements for granting permissions. This
included asking whether use of technologies such as tethering,
read–only access, or linking to publishers' sites would
encourage them to grant permission. Descriptions of our procedures,
permissions
packets, and results,
as well as digital
rights management guidelines and case
studies of interactions with copyright holders (including
publishing houses, newspapers, festivals, and individuals),
and individuals are included as part of this website.
Public Domain The
copyright permissions analyst also identified groups of documents
that are in the public
domain and can be made freely available: for example,
publicity materials, and pre-1964 publications for which copyrights
were not renewed. In addition, she studied the issue of tracking
rights to defunct companies and publications. This data is
included in the Copyright
Toolbox section of this website.
Surveys and Results The
results of the surveys undertaken during the grant period
are presented in the "Surveys
and Results." In this section, we analyze the methodology
and results of our initial research; describe the design,
implementation, and success rates of new approaches to securing
permissions initiated during the grant period, discuss the
technical innovations that can be used to enhance protection
of copyrighted materials; and offer practical recommendations
for others seeking to provide access to digital surrogates.
Final Report
The final
project report which will present the overall project
results and conclusions will be added to this website in mid-2006. |