1. Cultural Heritage content: challenges to be met by the public sector David Dawson Senior Policy Adviser (Digital Futures) Museums, Libraries & Archives Council UK

2. Museums, Libraries and Archives Council the lead strategic body for the sector in England objectives –increase participation and investment in the sector –modernising services –putting museums, libraries and archives at the heart of national, regional and local life. works in close partnership with the nine regional agencies through the MLA Partnership to ensure there are strong and effective links between national and regional activities.

3. Exclusions in the Directive Copyright owned by others Outside core purpose Public service broadcasting Educational and research establishments –Schools, universities, archives, libraries, research Cultural establishments –Museums, libraries, archives, performing arts

4. Copyright owned by others Most material held is ‘old’ – much out of copyright Where material is in copyright – copyright is usually owned by the institution where work is carried out for the museum – in-house or commissioned Some guesses –1/3 rd of ‘artistic works’ still in copyright –10% digitised Question – does photography / digitisation of an out-of-copyright work create a new copyright????

5. Core purpose Museum – collects, documents, preserves, exhibits and interprets material evidence and associated information for public benefit Archive - holds, preserves and catalogues documents or records for study and reference. Library - collects, documents and manages manuscripts, publications, and other materials for reading, study, or reference.

6. Why did cultural sector want an exception? Lack of understanding of the Directive and the exceptions Challenge to revenue generation opportunities by ‘in-house’ image libraries Legal status of the institution

7. Revenue generation - then Museums being set income-generation targets by Government –UK Government policy that national museums should charge for entry Dot.com boom was happening – ‘content is King’ Fear that re-use and re-sale by commercial sector would destroy future income streams

8. Revenue generation - now Museum image libraries rarely cover their costs Commercial opportunities limited Critical mass has not been built Aggregators have not emerged New public-private partnerships –Google & Libraries / Microsoft – British Library –The National Archives / Ancestry.com

9. Mellon Foundation report Museums do not carry out image creation or rights and reproduction activity because of its profitability. The primary driving factors for providing these services are: –to serve the public and educational use –to promote the museum and its collections –to serve publishers and commercial picture use The lack of business planning and clear cost accounting for the actual cost of service provision is undermining museum efforts. Most museums are setting pricing on the perceived market rate rather than with reference to the cost of actual service provision

10. Legal status of the organisation Many are not part of Government –UK situation ‘national’ museums have a charitable status –But would fall within the definition of ‘public body‘ Many are independent charities How would extending the Directive relate to other exceptions? –University museums, archives of public service broadcasters etc Do not own everything that they ‘hold’ –Archives of private bodies

11. Asset register Collections often poorly documented – not realistic to publish a full ‘list’ –MICHAEL project as a starting point If published, status will often not be clear to potential re-users – ie is this third-party IPR –If a museum has a painting – the IPR will belong to the artist UNLESS included in the contract

12. Promoting re-use Cultural sector actively wants content to be re-used for non-commercial purposes Cultural sector recognises the commercial value, but rarely exploits this effectively

13. Promoting re-use Creative Commons Creative Archive UK Government ‘Click-use’ licence Is there value in an EU-wide common licence for non-for-profit / educational use of PSI by citizens?

14. Barriers to CH enabling re-use Content that is available in a form to re-use – ie pace of digitisation Easily identifying content that can be re-used without extensive research – ie 3 rd party rights Institutions signing exclusive agreements with private sector partners –Corbis –Could apply to more recent deals - eg Google / Microsoft Content from small institutions not found by re- users – lack of content aggregators

15. Is it broke? Do institutions have enough content that can be covered by the Directive? –Would including them in the Directive confuse re-users? Are institutions obstructing re-use? Is there evidence of ‘market failure’? Are commercial re-users getting CH content at below cost price? Is it worth the effort?

16. Then fix it? Encourage content aggregators –European Digital Library! –realistic cost recovery basis to sustain service delivery and a reasonable return on investment add a presumption to allow re-use –Very few local authorities are enabling re-use a ‘citizens’ licence for PSI content to generate a confident market for digital content

17. Real-life case study Mobile Data Association stated at an open meeting –‘we would love to develop an application for SatNavs that would tell me as I drive down the motorway that there is an exhibition at a local gallery in the next town that I must see’ –Business models include local restaurants, hotels etc 24 Hour Museum has the data – geo-location (postcode) of institutions and event information 24 Hour Museum is an independent body largely funded from Government sources (MLA) –Generates commercial revenue from advertising Data is entered by hundreds of institutions themselves –Commercial re-use is not specifically covered in the agreement 24 Hour Museum ‘core purpose’ is to make information about institutions as widely available as possible How should they decide what / how to charge? –Core purpose – promoting institutions –Revenue generation to sustain their core purpose How would PSID help / hinder this?

18. PSI characteristics 1. is the production in the core of the public task or more in the outskirt? 2. how many governmental bodies are involved? 3. are there substitutes for the PSI? 4. are there private sector bodies producing the same raw data? 5. are the data volatile? 6. is the quality key? 7. does it concern high risk data? 8. is there a final consumption date? 1 Core task 2 often hundreds in each country 3 No 4 No 5 Not usually 6 Yes 7 No 8 No

19. Market characteristics 1. what is the market structure? 2. are there entry barriers? 3. what is the market size in numbers and quantity? 4. how many re-users are active in the market? 5. what is the buying power of the re-users? 6. Is it a 'need to have' or 'nice to have' product? 7. what is the buying frequency 8. what are the consumer roles (who pays, who uses, who influences?) 1 highly fragmented 2 finding resource 3 large 4 large number 5 when aggregated – substantial 6 for some industries (tourism, publishing) a ‘must have’ 7 infrequent 8 to be discussed!