Dealing with copyright – flowchart online publication: how it grew
Intellectual property law – usually not quite correctly abbreviated to copyright – is a challenge in many television archives. To provide an optimal service and to make archive material available for the general public, media professionals, education or research, it is important to determine the intellectual property rights (IPR) of the audiovisual works in the collection first. But for those who want to publish or otherwise reuse archive material online or on radio or television, the legal situation of archive clips is often a tangle. Less experienced web editors or program makers sometimes don’t even know where to start.
In 2017, the Netherlands Institute for Sound and Vision (NISV) developed and started working with a flowchart for online publication and accompanying rights forms for internal use. The immense and daily growing archive covers more than a century of radio, television, film, photo and more.
The flowchart originally developed by NISV provides structure by asking the right questions to determine whether an audiovisual work can be marked as ‘public domain’ and can be put online. Sound and Vision strives to make founded choices and, if necessary, follow a well thought-out risk analysis.
Bringing the flowchart to the international stage
In 2017 NISV’s IPR specialist Maartje Hülsenbeck presented the flowchart as used in the Netherlands at the FIAT/IFTA World Conference in Mexico City. Many colleagues applauded the initiative. With the kind permission of NISV the FIAT/IFTA Value, Use and Copyright Commission recently decided to translate the flowchart and to make it available for free online, via the FIAT/IFTA website.