register Homepage

ECLAP 2013 conference discussion: How to deal with IPR issues for performing arts?

Ki jih je objavila lottebelice Čet, 2013-05-02 16:35

The very last session of the final ECLAP conference was a discussion lead by the IPR and Business Model working group. The topic was how to deal with IPR issues for performing arts content, and it was kicked off by an introductory presentation by session chair Lotte Belice Baltussen.

After this, the ca. 100 attendees were asked to respond and get into a discussion with each other. First up, ECLAP partner Josefien Schuurman talked about why and how the University of Amsterdam cleared rights of video recordings of theatre performances. The UvA has taken an 'open' approach and used Creative Commons licenses as the basis for rights clearance. This way, they could use an existing license structure that gives clear guidelines not just to the UvA itself, but to all end users on how they can download and (re)use the content.


Then, Sudeshna Guha of the University of Cambridge / Museum of Archaeology and Anthropology (MAA) commented that in the current IPR three-step clearance guide made by ECLAP, there is no mention of possible moral issues when making content available produced in traditional cultural contexts. MAA uses the Creative Commons, Attribution-Non Commerical-NoDerivs license for their contentn and facilitates the access of its collections widely. However, it takes particular care to thwart subsequent re-uses of images without permission. In this MAA seeks to abide by the origin community’s judgements regarding the cultural sensitivity of the objects, and administers and monitors the kinds of access that is given to the collections very closely.


The performing arts students that attended the discussion were overall not very aware of these issues in the first place, and that whatever they write and record will have rights on it. The discussion then headed towards the risks and benefits of either providing your content openly as an author, or joining a collective rights management organisation (CMO).

The participants were highly interested in the topic discussed and debated that a legal famework is missing both in Europe and in individual European countries that forms a solid basis to be able to provide access to performing arts heritage. Furthermore, Lilian Manzor of the University of California remarked that this is similar to the calls to change the IPR legislative framework in the USA as well.


Finally, the crowd asked ECLAP to provide case studies on rights clearance. The University of Amsterdam and Cambridge agreed to provide these, based on the comments and insights they provided during the discussion session. Furthermore, the collections holders attending the conference asked for sample letters they can send to rights holders to clear rights. Both of these requests will be fulfilled in the final version of this working groups Best Practice report which will be finalised in a few weeks. Stay tuned!