With enough eyeballs all searches are diligent: mobilizing the crowd in copyright clearance for mass digitization

Borghi, M., Erickson, K. and Favale, M. (2016) With enough eyeballs all searches are diligent: mobilizing the crowd in copyright clearance for mass digitization. Chicago-Kent Journal of Intellectual Property, 16(1), pp. 135-166.

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Abstract

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 decentralized 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.

Item Type:Articles
Keywords:Copyright, archives, orphan works, digitization, open source software, crowdsourcing.
Status:Published
Refereed:Yes
Glasgow Author(s) Enlighten ID:Erickson, Dr Kristofer
Authors: Borghi, M., Erickson, K., and Favale, M.
Subjects:A General Works > AM Museums (General). Collectors and collecting (General)
H Social Sciences > H Social Sciences (General)
K Law > K Law (General)
College/School:College of Social Sciences > School of Law
Research Group:CREATe
Journal Name:Chicago-Kent Journal of Intellectual Property
Publisher:Illinois Institute of Technology
ISSN:1535-1785
ISSN (Online):1559-9493
Copyright Holders:Copyright © 2016 The Authors
First Published:First published in Chicago-Kent Journal of Intellectual Property 16(1): 135-166
Publisher Policy:Reproduced under a Creative Commons License

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Project CodeAward NoProject NamePrincipal InvestigatorFunder's NameFunder RefLead Dept
705821Enhancing access to 20th Century cultural heritage through Distributed Orphan Works clearance (EnDOW)Kristofer EricksonArts and Humanities Research Council (AHRC)AH/N504385/1LAW - CREATE