Open AccessMUSEUM EXHIBITION VERSUS COPYRIGHT
Author(s) -
Paulina Gwoździewicz-Matan
Publication year - 2019
Publication title -
muzealnictwo
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.101
H-Index - 1
eISSN - 2391-4815
pISSN - 0464-1086
DOI - 10.5604/01.3001.0013.4132
Subject(s) - exhibition , copyright act , work (physics) , purchasing , order (exchange) , point (geometry) , visual arts , loan , computer science , law , copyright law , art , political science , business , intellectual property , engineering , marketing , mechanical engineering , geometry , mathematics , finance
Organisation of exhibitions from the point of viewof copyright (Act on Copyright and Related Rights of 4 Feb.1994, further copyright) is a multifaceted issue. The analysisconducted in the paper boils down to some selected aspects:beginning with the right to display, through exhibition as a separatecopyrighted work, up to the exhibition author, namelycurator. When purchasing items for collections or acquiringthem on the ground of a loan contract, museums should makesure the work can be exploited through public display. Suchagreement can be either expressed in the contract (rights orlicence transfer) or can be implicit (it can be then assumed thatnon-exclusive licence with all its limitations has been transferred).Furthermore, the construction of fair use from Art.32.1 of Act on Copyright can be applicable. An issue apart is the question of exhibition as a separate copyrighted work.It can be a co-authored work in the case when it combines creativeefforts of e.g. curator and author of the exhibition layout.The article analyses exhibition understood as a collectionof exhibits selected and arranged following a script orpresented following a layout in order to fulfil the assumptionsof a derivative work (Art. 2 Act on Copyright) or a collection(Art. 3 Act on Copyright). As a result of the assumption thatexhibition is a work, the curator becomes an author, thus willhave copyright to the created work. Depending on the formalcurator-museum relationship, the author’s economic rightsshall either be transferred to the museum (employee’s work,specific-task contract with rights transfer or licence granting),or shall exceptionally remain with the author.