Hudson and Kenyon (2007)
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Source Details
Hudson and Kenyon (2007) | |
Title: | Digital Access: The Impact of Copyright on Digitisation Practices in Australian Museums, Galleries, Libraries, and Archives. |
Author(s): | Hudson, E., Kenyon, A. |
Year: | 2007 |
Citation: | Hudson, E. and Kenyon, A.T., 2007. Digital Access: The Impact of Copyright on Digitisation Practices in Australian Museums, Galleries, Libraries, and Archives. UNSWLJ, 30, p.12. |
Link(s): | Definitive , Open Access |
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About the Data | |
Data Description: | Interviews were conducted in Australia with 144 people from 38 cultural institutions. |
Data Type: | Primary data |
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Country(ies): | |
Cross Country Study?: | No |
Comparative Study?: | Yes |
Literature review?: | No |
Government or policy study?: | No |
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Abstract
Empirical research into the digitisation of collections in Australian museums, galleries, libraries and archives suggests that copyright law affects what material is digitised and how it is made accessible. This article analyses digitisation within cultural institutions in light of the Digital Agenda reforms of 2000 and the Copyright Amendment Act 2006 (Cth). Copyright law can have a significant impact on digitisation practices, particularly with regard to digitising audiovisual material and orphan works, and in relation to digital access: that is, the public availability of digital content. Research suggests that, for the Copyright Act 1968 (Cth) (Copyright Act) to work on its own terms, some small-scale reforms are required. However, the research also underscores larger questions about the sustainability of existing copyright law and practice. Provisions in the Copyright Amendment Act 2006 (Cth) may improve the situation, depending on the operation of the new flexible dealing exception for the sector in s 200AB. This suggests the need for continued attention and debate on copyright exceptions and the possibility of new collective licensing models.
Main Results of the Study
The article concludes that, in order to make the Copyright Act work on its own terms, small-scale reforms are required. Some, but not all, of these may have been achieved by the 2006 amendments, particularly through the new flexible dealing exception in s200AB. Given the significance of this exception for the sector’s immediate future, its likely significance is examined in light of the research into digitisation practices set out earlier in the article. It is argued that flexible dealing may facilitate aims of the earlier Digital Agenda reforms that were not achieved, particularly those related to appropriate public accessibility of cultural collections. That said, larger questions remain about the sustainability of the existing system of copyright law and practice, including whether problems observed in the empirical research are resolvable within this system or whether more significant reform may be required.
Policy Implications as Stated By Author
Research suggests that, for the Copyright Act 1968 (Cth) (Copyright Act) to work on its own terms, some small-scale reforms are required. However, the research also underscores larger questions about the sustainability of existing copyright law and practice. Provisions in the Copyright Amendment Act 2006 (Cth) may improve the situation, depending on the operation of the new flexible dealing exception for the sector in s 200AB. This suggests the need for continued attention and debate on copyright exceptions and the possibility of new collective licensing models.
Coverage of Study
Datasets
Sample size: | 38 |
Level of aggregation: | Cultural Heritage Institutions |
Period of material under study: | 2004 to 2005 |
Sample size: | 144 |
Level of aggregation: | Individual Staff |
Period of material under study: | 2004 to 2005 |