CREATe organized two events on Friday 20th January 2017 to launch the Digitising the Edwin Morgan Scrapbooks Project: a free training event about digitising photographs and the launch of the web resource. The collection of Edwin Morgan Scrapbooks – a unique and culturally significant mixed-media collection of artistic work from the early to mid-twentieth century – is one of the case studies selected by EnDOW researchers Kris Erickson and Victoria Stobo will carry out right clearance simulations.
The third progress meeting of EnDOW was organized by CREATe at the University of Glasgow, on 19-20 January 2017. The agenda covered, among other things, the consolidation of the analysis of diligent search in 20 countries and the final draft of the flowcharts of operations for the EnDOW digital platform, which will be in operation in the next months and will be officially presented in June.
The minutes of the meeting are available here.
The EnDOW team at the meeting in Glasgow: all wearing the official Tartan of CREATe
EnDOW researchers Kris Erickson, Marcella Favale and Maurizio Borghi have published “With Enough Eyeballs All Searches Are Diligent: Mobilizing the Crowd in Copyright Clearance for Mass Digitization” in the Chicago-Kent Journal of Intellectual Property (vol. 16, issue 1, 2016).
The article presents the conceptual framework that is at the basis of EnDOW and discusses the various dimensions of crowdsourcing as applied to diligent search for orphan works. The abstract of the article reads:
Digitization of 20th Century cultural heritage is severely restricted due to the real or potential subsistence of copyright and related rights. Under the laws on orphan works introduced in many countries, items whose copyright status is uncertain may possibly be lawfully digitized, on condition that a “diligent search” of the copyright owners has been performed. However, carrying out diligent searches on large collections is a lengthy and expensive process, which may discourage institutional users from embarking on large-scale digitization. While the problem of performing diligent searches has been so far approached in a “centralized” manner by individual institutions, the article suggests a de-centralized approach based on crowdsourcing certain phases of the diligent search process. The proposed solution may alleviate the problem of the high costs of diligent search, and may ultimately enable cultural heritage institutions to take full advantage of the orphan works legislation. Suitability of the crowdsourcing solution to the cultural heritage sector is discussed and challenges to implementation are identified.
The article can be downloaded here.
On the 30th of June 2016, the EnDOW workshop on the diligent search requirement and crowd-sourcing took place at the Institute for Information Law (IViR) in Amsterdam.
The programme of the workshop is available here.
The working group was composed by the project participants, the members of the advisory board and experts and practitioners of the relevant sector. Overall, 30 participants took part to the workshop.
Three main presentations opened a very useful and enriching discussion focused on the diligent search requirement and the process of crowd-sourcing.
Firstly, Maurizio Borghi briefly summarized how a diligent search must be carried out, stressing the requirements provided by the European Directive on orphan works, their ambiguities and possible interpretation.
Then, Maarten Zeistra focused on the crowdsourcing, trying to figure out how to made this mechanism effective and efficient and providing the group with examples in this sense.
The third presentation has been made by Gyta Berasniviciute of EUIPO which provided the group with an overview on the implementation of the Orphan Works Database, its interface and mode of operation. The working group also made a search simulation through the database.
“Food for thought” has been shared by the group and the project participants had the opportunity to listen to the opinion of experts and workers in the sector of libraries and archives.
The workshop focused on the orphan works legislation, addressing the main hurdles that cultural institution have to face when carrying out a diligent search of rightholders. The workshop was carried out in an interactive way, by engaging the public in practical “diligent search exercises”, the outcomes of which was subject to panel discussion.
Maurizio Borghi, Aura Bertoni and Marcella Favale presented the EnDOW project and the survey of the sources for diligent search in UK, Netherlands and Italy (download the presentation here).
Annabelle Shaw (BFI, Associate Partner of EnDOW), carried out a diligent search exercise on two works hosted by the British Film Institute in London:
Director: Dave Aylott (1885–1969)
Production Company: Martin Film Company
Resources looked up:
- BFI Catalogue http://collections-search.bfi.org.uk/web/Details/ChoiceFilmWorks/150178670
- IMDB http://www.imdb.com/name/nm0043881/
According to IMDB bio – Along with his brother Eric Aylott, he co-founded Eylure of London, a British manufacturer of artificial eyelashes. http://www.imdb.com/name/nm0043881/bio
- Eylure are one of the largest eyelash retailers which still trade today http://www.eylure.com/
- Contacted customer services email http://www.eylure.com/contact-us to see whether they had any contact with the Aylott family
- Brand Marketing Manager responded putting me in touch with the family who were able to grant us permission
- Permission was granted for three Dave Aylott titles on behalf of the estate
Production Company: Elder Film Productions
- C. 1980 the Scottish Film Council (as it was then) donated the 35mm nitrate film print to the BFI National Archive (then National Film and Television Archive)’s Galashiels Collection. Details in the SFC donor file.
- Scottish Screen Archive, who also have holdings of the film, suggested BFI to contact Scottish Borders Council as the successor to Ettrick and Lauderdale Council, who donated the film to them
- Sue Bell in Communications and Marketing at the Scottish Borders Council passed my enquiry on to their Museums and Archives Service in case they have any surviving records. They furthermore suggested contacting the film’s sponsor, Pavilion Theatre, Galashiels, which was already underway.
- A voicemail was left for Fiona Colton, Senior Curator at the Scottish Borders Council Museums and Archives Service and her colleague Paige Hughes located original acquisition paperwork from their archives that revealed the original master 35mm nitrate film, which was donated to Lauderdale and Ettrick Council (now part of Scottish Borders Council) in 1978 and was copied to safety film at Brent Laboratories for the Scottish Film Council, was donated by one Jim Smith of the Old Gala Club, Galashiels.
- The safety copies were purchased by the Scottish Screen Archive via the Scottish Film Council and the 35mm nitrate original was apparently donated to the National Film and Television Archive (now BFI National Archive) in 1979/80.
- Pavilion Theatre’s present day manager was very helpful but pointed out that the Pavilion Theatre now is on different premises in Galashiels and is no longer the same entity as it was in 1951. They have no record related to the film and assert they are not in a position to sign any paperwork.
- It may be possible to trace a surviving relative of Jim Smith (assuming he is no longer alive, which seems credible 64 years later), however, this would require more time than was available prior to publication, so research would need to be carried out after making the film available if the risk to do so is accepted and approved.
Legislation on orphan works require that a Diligent Search of potential rightholders is carried out in good faith by consulting appropriate sources. However, the conditions set forth by the law to comply with this requirement pose significant burden to would-be users of orphan works. The analysis conducted by EnDOW researchers in three countries (UK, Italy and Netherlands) reveals that carrying out a Diligent Search may require consultation of an overly high quantity of diverse sources of information. Most importantly, the analysis shows that a sizeable share of these sources is not easily accessible or, even, not accessible at all. In particular, the analysis shows that:
- A total of over 350 different sources have been identified in Italy; over 200 in the UK and almost 90 in the Netherlands.
- A Diligent Search on published books may require consulting up to 32 different databases in the Netherlands, up to 80 in the UK, and up to 131 in Italy.
- Of all the sources to be consulted to conduct a Diligent Search, 70% are freely accessible online in the UK, 56% in Italy and 54% in the Netherlands. This means that, depending on the country, from one third to almost a half of the required sources are not available for free (unrestricted) online access.
- The online availability of sources is the highest for published books (75% in the UK) and the lowest for audiovisual works (only 42% in the Netherlands).
- Guidelines on how to conduct a Diligent Search have been issued only in the UK (by the Intellectual Property Office); no guidance has been provided in Italy and in the Netherlands.
The study suggests a possible solution to this problem that involves soft-law intervention to establish hierarchies among sources for Diligent Search, with a diversification between compulsory and optional sources, depending on their relevance and accessibility. Moreover, the study suggests that a Diligent Search should be considered to be carried out in good faith also when sources that are not freely accessible online are disregarded.
The Report on “Requirements for Diligent Search in the United Kingdom, the Netherlands, and Italy” is available for downloading from the Resources page.
Download the press release here.
On the 19th and 20th of January 2016, at the Università Bocconi in Milan, the first Progress Meeting of the EnDOW Project took place. All project participants were present. See the Agenda of the meeting here.
A number of presentations illustrated the status of the various work packages.
Marcella Favale gave an overview of the work accomplished so far in the Work Package N. 1 and the planned next stages (here);
Simone Shroff and Maarten Zeistra presented a pilot flawchart for the EnDOW platform and the Website of the project;
Kris Eriksson reported on the progress of the Work Package N. 3 and explained the plans for the forthcoming round of interviews to representatives of cultural heritage institutions (here).
Overall, a very productive meeting, whose minutes are available here.
Posted by Kris Erickson on CREATe blog
Memory institutions across Europe hold millions of documents and works of art that they would like to make digitally available. But the cost of clearing copyright in each one presents costs that many institutions can’t overcome. Read more…
The discussion focused on the “diligent search” requirement of the Orphan Works Directive. A mayor issue arises in respect to accessibility of sources: according to our survey, 69% of the compulsory sources are freely accessibile online in the UK, but the value drops to 41% in the Netherlands and 24% in Italy. This means that performing a diligent search on works contained in library collections is overly complicated in these countries. See the presentations for more details:
- Crowdsourcing diligent search: a solution for the orphan works problem? (Maurizio Borghi) >> download here
- The accessibility of the sources for diligent search (Marcella Favale) >> download here
On 29 September 2015 the Digital Catapult Centre in London hosted a one-day workshop on Copyright and orphan works, which brought together legal experts, archivists and museums curators to explore challenges and opportunities of the recently implemented orphan works legislation.
As part of the workshop, Maurizio Borghi introduced the EnDOW project and the concept of relying on crowdsourcing to reduce the costs of diligent search for cultural institutions.
The slides presentation can be downloaded here.