Author's Right, Copyright and Free Licenses for Culture on the Web/Problems and Solutions/Infringements

110. What is a copyright infringement?

A copyright infringement occurs when a work protected by Copyright law is used without the authorization of the rights holder and the activity does not fall within an exception or limitation to copyright provided for by law. When the infringement involves not only the economic rights but also the moral right of authorship..

111. What sanctions are provided for in case of copyright infringement?

The sanctions applicable in case of copyright infringement vary depending on the type and gravity of the violation and may be civil, criminal and, in some cases, administrative (as in Italy).

112. How is the damage related to the copyright infringement estimated?

The rights holder, in case of use of his work without authorization, can act against the user to obtain compensation for damages (loss of profit and emerging damage). In order to quantify the damage, it’s possible to refer to the compensation that the author uses to claim for the same type of use in a similar context. However, this rule can only be considered as a guideline and should be adapted to the specific situation.

113. If a Cultural Institution Director decides to share images under open licenses, does he/she run the risk of causing financial losses?

Financial losses occur when the public administration, e.g. public cultural institutions suffer damage, such as loss of assets, money or not achieving economic increases, due to the conduct of a person who is a member of the administrative apparatus (as an employee, officer, etc.). In theory, if the director of a public Institution decides to release images of public cultural heritage with open licenses, and therefore to authorize the use of such reproductions without the payment of any fee, he may incur the hypothesis of financial losses for failure to achieve economic increases. It is clear, however, that the damage, in order to be refundable, must be proven in practice and in this case there is already a lot of evidence of the fact that the income from the fee required for the use of cultural heritage images is much lower than the costs for the granting of authorizations and, on the contrary, that the spread of the reproduction can generate advantages also in economic terms.

114. Is it possible to settle a dispute by using the Code of Conduct to which my museum complies?

Code of Ethics is a self-regulatory code that identifies standards of conduct, guiding the professional performance of the museum and its staff. Using the Code for the resolution of a dispute can be possible only if that dispute concerns the above-mentioned standards. When the dispute is about the violation of Copyright laws the Code of Ethics cannot be used as referent text, since in this case neither the rights holder nor the user subscribed the Code and therefore they are not required to comply with its rules. Copyright law must be referred to.

Author's Right, Copyright and Free Licenses for Culture on the Web
Introduction to the FAQs • I – Definitions
II – Types of Content (Photographs • 2D-3D Reproductions • Texts • Databases • Open Data • Audio Content)
III – Web Tools (Podcast and Webinar • Sharing • Websites • Domain Name • App • Social Network • Instant Messaging)
IV – Licenses and Reuse (Data and Licenses • Images of Cultural Goods in Public Domain • Open Access and License)
V – Problems and Solutions (Infringements • Contracts and Consents • Legal Notices • Exceptions)