Most interestingly he notes:
[T]he McCord Museum of Canadian History in Montreal has poured significant resources into digitization, amassing more than 135,000 digital images that are freely accessible online. Similarly, the Canadian Museum of Civilization (which includes that museum and the Canadian War Museum) attracted a record 1.8 million visitors in 2006, but more impressively hit 66 million page views for its web-based content.
He goes on to discuss how museums are seeking to engage citizens in the digital environment through the use of things such as virtual museums, social networking and blogs. However it seems that not all uses of public domain works by museums are being offered on a non-profit basis. Geist refers to The National Gallery of Canada which is reported to have charged for the reproduction of some 250 public domain works in 2006:
The Access to Information Act records covered requests to the NGC for copies of public domain artworks between February 2006 and January 2007. The NGC received approximately 250 such requests, for which it imposed contractual restrictions on use of the images and levied an average fee of $379. While requesters were not advised of the cost breakdown, internal documents reveal that some of the price went to an administrative fee (typically $20) and a photographic fee.
Disturbingly, not only did the Gallery attach license conditions limiting the use of the reproductions but the costs levied included a permission charge higher than for works subject to copyright. This was justified on the grounds that as the works were not subject to copyright and no royalties would have to be paid, an increase in the cost levied by the gallery would be reasonable.
This comes in the same week as a story about the Metropolitan Museum of Art in New York City. Here the public were prevented from taking photographs of a Nicholas Poussin exhibition, who died in 1655. Usually the museum allows photographs provided no flash is used. When questioned about the restrictions in place for this exhibition, representatives of the museum suggested initially that this was due to copyright. Of course this is incorrect because the works are clearly within the public domain. Excess Copyright reports that the works were loaned to the museum and the restriction may have been a contractual condition imposed on their display.
These examples illustrate the use of contract law in a way which impedes access to public domain works. In establishing the copyright bargain, the United States Constitution specifically states that the copyright term shall be for a limited time. In doing so the law reflects the desire to limit the monopoly power conferred to copyright holders and to provide for full access to works on the expiration of the copyright term. Without a robust and diverse public domain, future creativity, free speech and democracy are undermined.
It is increasingly apparent that steps need to be taken to ensure that private interests cannot deprive the public of their rightful access to these works. Simply put there needs to be greater awareness of how these works are being dealt with, the ability to challenge any limitations which are imposed on the public's right to access the works, and greater education as to the vital importance to society of the public domain.
In short, it defies logic that private owners should continue to own and control works that are within the public domain.
Articles
Ottawa Citizen, National Gallery looking for profits in all the wrong places (15 April 2008) <http://www.canada.com/ottawacitizen/news/bustech/story.html?id=eea40d92-2682-458f-81ab-4926a2ae1283> at 17 April 2008
The McCord Museum of Canadian History in Montreal <http://www.mccord-museum.qc.ca/en/> at 17 April 2008
The Canadian Museum of Civilization <http://www.civilization.ca/visit/indexe.aspx> at 17 April 2008
The National Gallery of Canada <http://www.gallery.ca/> at 17 April 2008
TechDirt, Since When Has Copyright Become Life Plus 343 Years? (14 April 2008)<http://www.techdirt.com/articles/20080402/013157727.shtml> at 17 April 2008
Excess Copyright, Life + 343 years (1 April 2008) <http://excesscopyright.blogspot.com/2008/04/life-343-years.html> at 17 April 2008
The Metropolitan Museum of Art in New York City <http://www.metmuseum.org/> at 17 April
Lawrence Lessig, Free Culture (2004) <http://www.amazon.com/Free-Culture-Technology-Control-Creativity/dp/1594200068/ref=pd_bbs_sr_3?ie=UTF8&s=books&qid=1208401055&sr=8-3> at 17 April 2008
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