Asked by: Lord Freyberg (Crossbench - Excepted Hereditary)
Question to the Department for Digital, Culture, Media & Sport:
To ask His Majesty's Government, further to the Written Answer by Baroness Twycross on 17 September (HL10442), whether the Government Art Collection holds or plans to hold any contractual or licensing rights over digital reproductions of two-dimensional artworks that are in the public domain; and if so, what is the legal basis for those licences.
Answered by Baroness Twycross - Baroness in Waiting (HM Household) (Whip)
The Government Art Collection (GAC) does not claim copyright in digital reproductions of two-dimensional artworks that are in the public domain. The GAC has not sought or received guidance about the assertion of copyright, aside from Crown Copyright. The decision to license images for commercial and non-commercial use through a contractual agreement is an operational decision taken by the GAC, based on commercial contract law for the access and supply of digital assets.
There are no current or scheduled plans for the GAC to allow high-resolution images of works of art that are in the Government Art Collection and in the public domain to be downloaded free of charge for non-commercial use.
Asked by: Lord Freyberg (Crossbench - Excepted Hereditary)
Question to the Department for Digital, Culture, Media & Sport:
To ask His Majesty's Government, further to the Written Answer by Baroness Twycross on 17 September (HL10444), whether they plan to allow high-resolution images of works of art that are in the Government Art Collection and in the public domain to be downloaded free of charge for non-commercial use; and if so, what is their timetable for implementing that access.
Answered by Baroness Twycross - Baroness in Waiting (HM Household) (Whip)
The Government Art Collection (GAC) does not claim copyright in digital reproductions of two-dimensional artworks that are in the public domain. The GAC has not sought or received guidance about the assertion of copyright, aside from Crown Copyright. The decision to license images for commercial and non-commercial use through a contractual agreement is an operational decision taken by the GAC, based on commercial contract law for the access and supply of digital assets.
There are no current or scheduled plans for the GAC to allow high-resolution images of works of art that are in the Government Art Collection and in the public domain to be downloaded free of charge for non-commercial use.
Asked by: Lord Freyberg (Crossbench - Excepted Hereditary)
Question to the Department for Digital, Culture, Media & Sport:
To ask His Majesty's Government, further to the Written Answer by Baroness Twycross on 17 September (HL10442), what guidance they have issued to the Government Art Collection about the assertion of copyright, other than Crown Copyright, over digital reproductions of two-dimensional artworks that are in the public domain.
Answered by Baroness Twycross - Baroness in Waiting (HM Household) (Whip)
The Government Art Collection (GAC) does not claim copyright in digital reproductions of two-dimensional artworks that are in the public domain. The GAC has not sought or received guidance about the assertion of copyright, aside from Crown Copyright. The decision to license images for commercial and non-commercial use through a contractual agreement is an operational decision taken by the GAC, based on commercial contract law for the access and supply of digital assets.
There are no current or scheduled plans for the GAC to allow high-resolution images of works of art that are in the Government Art Collection and in the public domain to be downloaded free of charge for non-commercial use.
Asked by: Lord Freyberg (Crossbench - Excepted Hereditary)
Question to the Department for Digital, Culture, Media & Sport:
To ask His Majesty's Government, further to the Written Answer by Baroness Twycross on 17 September (HL10442), whether the Government Art Collection claims any form of copyright, other than Crown Copyright, in digital reproductions of two-dimensional artworks that are in the public domain, whether or not those reproductions were taken by Government employees.
Answered by Baroness Twycross - Baroness in Waiting (HM Household) (Whip)
The Government Art Collection (GAC) does not claim copyright in digital reproductions of two-dimensional artworks that are in the public domain. The GAC has not sought or received guidance about the assertion of copyright, aside from Crown Copyright. The decision to license images for commercial and non-commercial use through a contractual agreement is an operational decision taken by the GAC, based on commercial contract law for the access and supply of digital assets.
There are no current or scheduled plans for the GAC to allow high-resolution images of works of art that are in the Government Art Collection and in the public domain to be downloaded free of charge for non-commercial use.
Asked by: Lord Freyberg (Crossbench - Excepted Hereditary)
Question to the Department for Digital, Culture, Media & Sport:
To ask His Majesty's Government what steps they are taking to support the development of an open data policy that enables national museums and galleries to make high-resolution images of public domain artworks freely available; and whether they plan to adopt open access models such as that used by the Rijksmuseum.
Answered by Baroness Twycross - Baroness in Waiting (HM Household) (Whip)
The DCMS-sponsored museums take their responsibilities to extend engagement with their Collections seriously. As Arm’s Length Bodies national museums operate independently and are responsible for developing their own policies, including around the provision of images, and for taking appropriate commercial and legal advice. Policies can be found on the respective websites and image licensing portals of the museums, many of which provide users with the ability to view high resolution images.
The government strongly supports efforts to expand the reach and impact of the national museums, including digitally, while also recognising and encouraging efforts to balance this against the need to raise private income. Government-backed digitisation projects and investment in Collections databases since the Covid pandemic have resulted in marked increases in the accessibility of Collections records. The wider museums sector, whilst not directly funded by the department, is also making progress in increasing digital access to Collections, with the support of organisations and initiatives such as Art UK, the Museum Data Service, and the AHRC-funded Towards a National Collection research project.
The department is working with the national museums to understand the extent and pace of further planned digitisation work, alongside opportunities provided by new work to establish a Creative Content Exchange, to ensure we are both maximising public access to culture, and positioning our cultural organisations to engage fruitfully with the AI revolution underway.
Asked by: Lord Freyberg (Crossbench - Excepted Hereditary)
Question to the Department for Digital, Culture, Media & Sport:
To ask His Majesty's Government what is their policy regarding the copyright status of exact digital reproductions of two-dimensional artworks that are in the public domain.
Answered by Baroness Twycross - Baroness in Waiting (HM Household) (Whip)
The DCMS-sponsored museums take their responsibilities to extend engagement with their Collections seriously. As Arm’s Length Bodies national museums operate independently and are responsible for developing their own policies, including around the provision of images, and for taking appropriate commercial and legal advice. Policies can be found on the respective websites and image licensing portals of the museums, many of which provide users with the ability to view high resolution images.
The government strongly supports efforts to expand the reach and impact of the national museums, including digitally, while also recognising and encouraging efforts to balance this against the need to raise private income. Government-backed digitisation projects and investment in Collections databases since the Covid pandemic have resulted in marked increases in the accessibility of Collections records. The wider museums sector, whilst not directly funded by the department, is also making progress in increasing digital access to Collections, with the support of organisations and initiatives such as Art UK, the Museum Data Service, and the AHRC-funded Towards a National Collection research project.
The department is working with the national museums to understand the extent and pace of further planned digitisation work, alongside opportunities provided by new work to establish a Creative Content Exchange, to ensure we are both maximising public access to culture, and positioning our cultural organisations to engage fruitfully with the AI revolution underway.
Asked by: Lord Freyberg (Crossbench - Excepted Hereditary)
Question to the Department for Digital, Culture, Media & Sport:
To ask His Majesty's Government whether they plan to publish an open data policy requiring national museums and galleries to make high-resolution images of public domain artworks freely available for non-commercial use; and if so, what definitions they will use for (1) high resolution, and (2) non-commercial.
Answered by Baroness Twycross - Baroness in Waiting (HM Household) (Whip)
The DCMS-sponsored museums take their responsibilities to extend engagement with their Collections seriously. As Arm’s Length Bodies national museums operate independently and are responsible for developing their own policies, including around the provision of images, and for taking appropriate commercial and legal advice. Policies can be found on the respective websites and image licensing portals of the museums, many of which provide users with the ability to view high resolution images.
The government strongly supports efforts to expand the reach and impact of the national museums, including digitally, while also recognising and encouraging efforts to balance this against the need to raise private income. Government-backed digitisation projects and investment in Collections databases since the Covid pandemic have resulted in marked increases in the accessibility of Collections records. The wider museums sector, whilst not directly funded by the department, is also making progress in increasing digital access to Collections, with the support of organisations and initiatives such as Art UK, the Museum Data Service, and the AHRC-funded Towards a National Collection research project.
The department is working with the national museums to understand the extent and pace of further planned digitisation work, alongside opportunities provided by new work to establish a Creative Content Exchange, to ensure we are both maximising public access to culture, and positioning our cultural organisations to engage fruitfully with the AI revolution underway.
Asked by: Lord Freyberg (Crossbench - Excepted Hereditary)
Question to the Department for Digital, Culture, Media & Sport:
To ask His Majesty's Government which national museums and galleries claim copyright in their digital reproductions of two-dimensional original artworks that are in the public domain.
Answered by Baroness Twycross - Baroness in Waiting (HM Household) (Whip)
The DCMS-sponsored museums take their responsibilities to extend engagement with their Collections seriously. As Arm’s Length Bodies national museums operate independently and are responsible for developing their own policies, including around the provision of images, and for taking appropriate commercial and legal advice. Policies can be found on the respective websites and image licensing portals of the museums, many of which provide users with the ability to view high resolution images.
The government strongly supports efforts to expand the reach and impact of the national museums, including digitally, while also recognising and encouraging efforts to balance this against the need to raise private income. Government-backed digitisation projects and investment in Collections databases since the Covid pandemic have resulted in marked increases in the accessibility of Collections records. The wider museums sector, whilst not directly funded by the department, is also making progress in increasing digital access to Collections, with the support of organisations and initiatives such as Art UK, the Museum Data Service, and the AHRC-funded Towards a National Collection research project.
The department is working with the national museums to understand the extent and pace of further planned digitisation work, alongside opportunities provided by new work to establish a Creative Content Exchange, to ensure we are both maximising public access to culture, and positioning our cultural organisations to engage fruitfully with the AI revolution underway.
Asked by: Lord Freyberg (Crossbench - Excepted Hereditary)
Question to the Department for Science, Innovation & Technology:
To ask His Majesty's Government what guidance they provide to national museums and galleries about the copyright status of exact digital reproductions of two-dimensional artworks that are in the public domain.
Answered by Lord Vallance of Balham - Minister of State (Department for Energy Security and Net Zero)
According to case law, a work will only be protected by copyright if it is original, in the sense that is the author’s ‘own intellectual creation’. It is questionable whether an unaltered reproduction of an existing work where copyright has expired could satisfy this criterion if there has been no (or very limited) scope for the creator to exercise free creative choices. However, this will depend on the individual facts of the case.
Further guidance is published on GOV.UK in an Intellectual Property Office copyright notice on digital images, photographs and the internet.
Asked by: Lord Freyberg (Crossbench - Excepted Hereditary)
Question to the Department for Science, Innovation & Technology:
To ask His Majesty's Government what assessment they have made of how national museums and galleries treat the copyright status of exact digital reproductions of two-dimensional artworks that are in the public domain.
Answered by Lord Vallance of Balham - Minister of State (Department for Energy Security and Net Zero)
According to case law, a work will only be protected by copyright if it is original, in the sense that is the author’s ‘own intellectual creation’. It is questionable whether an unaltered reproduction of an existing work where copyright has expired could satisfy this criterion if there has been no (or very limited) scope for the creator to exercise free creative choices. However, this will depend on the individual facts of the case.
The Government has made no assessment of how cultural heritage institutions treat the copyright status of such reproductions in practice.