A conceptual rights model for the access to digital heritage

Author

Marjolein De Wilde (meemoo, Flemish Institute for Archives)

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• Full description of the model.

Overview

Here is a brief overview of the four components of the rights model:

1.1. Rights to the original work

1.2. Rights-related metadata

• Creator (role: author, painter, …)
• Producer
• Performing artist (role: musician, actor, …)
• Broadcast organisation
• Publisher
• Commissioner
• Owner of the physical work
• Date of creation
• Date of publication
• Date of entry into the public domain

1.3. Rights metadata

• Rights statement (e.g. copyright protected, public domain, etc.)
• Rights holder(s)
• Licensor(s)
• Details of contractual restrictions

1.4. Rights to the reproduction

1.5. Rights-related metadata

• Creator (photographer/videographer) of the reproduction
• Date of creation of the reproduction
• Date of publication of the reproduction

1.6. Rights metadata

• Reuse conditions for the reproduction (repeated under ‘Reuse’)

2.1. Reuse of original work

• Reuse conditions
• Non-public licence: arranged directly between the rights holder and the reuser → Reference to the licensor or rights holder(s)
• Public licence: CC0, CC-BY, CC-BY-SA, CC-BY-NC and CC-BY-NC-ND

2.2. Reuse in relation to reproduction

• Same licence options as above
• Optional: restriction on text and data mining (future)

3.1. Access authorisation

• To whom (user group: public, education, intranet, research, …)
• What (content or metadata)
• How complete (in full or in part)
• How (viewing, downloading)

3.2. Access restrictions

• Categories
• Contractual agreements
• Rights of publicity
• GDPR / privacy
• Legally established
• Ethics
• Work product
• Internal policy
• Consent requirements (where applicable: for whom/what/how completely/how)
• Comments on access restrictions: details in free text field
• End date of access restriction (future-oriented field)

• A standardised label, calculated based on the reuse conditions for the work and reproduction, and the rights statement for the work, which summarises the most relevant information regarding the reuse of the digital item.

4.1. Calculating the usage label:

• General formula
• The usage label for a heritage item is equal to the reuse condition, except where this is absent or non-existent. In that case, it is equal to the rights statement on the work.
• Detailed formula
• Reuse conditions may apply to both the work and the reproduction. If both are present, the most restrictive condition takes precedence.
• Caption
• A caption that may be used when making a digital heritage item accessible contains a source reference, possibly also a name attribution, and further rights information not covered by the usage label.

4.2. Calculation:

• Sum of source citation and optional supplementary details
• Source citation:
• Title + Creation date + Creator + Collection-holding institution (collection, if applicable)
• Attribution:
• Name of photographer/videographer
• Further rights information:
• rights statement (in the case of public domain works with protected reproduction) or
• least restrictive licence (in the case of dual rights layers)