How Did You Get Those Rights? The Virtual Museum of Canada Rina Elster Pantalony Legal Counsel Canadian Heritage Information Network

What is the Virtual Museum of Canada? Partnership between –Federal government, –Canadian museums, and –Media industry

What is its Purpose? To showcase new ways of using technology in the production of museum exhibitions To provide the opportunity to museums to digitize content for future use

Before You Negotiate Collaboration breeds success Will competition undermine productivity? Audit to determine whether your production will enhance the licensor’s IP Copyright protection might actually be a “good thing”

Licensing Strategies that Overcome Fear It’s not whether to pay but how much Offer in-kind enhancements: a win-win deal Fair Dealing/Fair Use is a red herring

Licensing Strategies cont. Understand legal exceptions as they have already been interpreted by the courts Be aware of the commonly applied royalty structure for your kind of content License duration should be realistic