Dr. Wariya Lamlert School of Law, National Institute of Development Administration Dr. Wariya Lamlert

 Inhibiting museums’ ability to carry out mission and mandate  Preventing the third party from carrying out reproduction for preservation purposes, reproduction and distribution for educational purposes, and reproduction and distribution as a means of providing access to collections Dr. Wariya Lamlert

 Restricting access;  Making the process complicated and time consuming; and  Resulting in costly permission

 Developed Countries Serve the public and educators Manage and promote museums and their collections Serve publishers and other commercial users by granting licensing agreement Serve internal museums or museum-to-museum requirements Recover service cost (Licensing mechanism is basically applied); and Protect museums from IP infringement  Thailand Preserve its collections Educate the public about them; and Provide the public with access to the collections Dr. Wariya Lamlert

 Orphan work problem  No collective management organization  Limited application of fair use  Fair Use = No payment and no permission process required, must be non-commercial use  Licensing Mechanism = Royalty fees and permission process required, can be both commercial and non- commercial use

Dr. Wariya Lamlert  Royalties: Royalty payments can take the form of a flat fee or a percent of the sales price. Percentage based royalties generally are the preferred route for both licensees and licensors.  Category of Use Consideration: Non-commercial use should be allowed without payment whereas commercial use is required for royalty fees under licensing scheme.  Awareness: It is essential to specify who is legally authorized to sign agreements/licenses on behalf of the museum.  Collecting Society Establishment: Intermediary between museums and licensees/licensors

A. A. Nattapong Suwan-in （陳光合） * LL.B, MBA, Notary Public School of Law, Assumption University of Thailand © 2011 All rights reserved, disclaimer to all pictures and cited info.

 Thailand  Thai Museum in Overview  Missions, Expectations, and Problems  Digital Images in Thai Museum (Case Study)  General Management  IP Management  US  Archives in US Museum & Copyright Ownership  IP Management & Licensing Mechanism  Original Work  Digital Images Developed  Introduction to new technologies for IP Management  What Thailand can learn from US? © 2011 All rights reserved, 陳光合： disclaimer to all pictures and cited info.

 Thai Museum in Overview National Museum (44 Museums) Thai Local Museum Museums belong to other public sectors © 2011 All rights reserved, 陳光合： disclaimer to all pictures and cited info.

 Missions, Expectations, and Problems  Facts: Thai museum is one of having the longest history in Asia Thai museum owns the biggest number of museum in Southeast Asia  Problems of Thai museums Deficiency in the resource (manpower and facilities) Limitation of Financial Support Hierarchy system in their management (esp. National Museum) Lack of continuous learning that are consistent to updated and advanced environment of society  What Thais think and expect on our museums? Thai museums lack of advanced technology displayed Museums is a place of learning, cultural diffusion, and non-profit organization People hope on Thai museums to be well-organized and standardized like US Museums How can a museum simultaneously develop and generate sufficient income in order to meet people expectation and sustain their daily business/affairs”? © 2011 All rights reserved, 陳光合： disclaimer to all pictures and cited info.

 Digital Images in Thai Museums  Museum Siam Was established and officially open to public on April 2, 2008 Under administration of the National Discovery Museum Institute (NDMI) Exhibition is displayed in 17 themes in 3 floors for exposition Visitors can learn Thai history and root of the nation from both via its website and on-site at the old building of the Ministry of Commerce on Sanam Chai Road (Source: มิวเซียมสยาม ) มิวเซียมสยาม  Museum Siam & Nitasrattanakosin (Case Study) © 2011 All rights reserved, 陳光合： disclaimer to all pictures and cited info.

 Digital Images in Thai Museums  Nitasrattanakosin Was established and officially open to public on March 9, 2010 Under administration of the Crown Property Bureau (CPB) Exhibition was open to public simultaneously with its website Exhibition is divided into 9 rooms with different themes in all 3 floors Digital pictures are available to download with no charge on website (Source:  Museum Siam & Nitasrattanakosin (Case Study) © 2011 All rights reserved, 陳光合： disclaimer to all pictures and cited info.

 General Management  Source of Income Annual Support from Government (National Museum) Entrance Ticket Donation Products or Souvenirs sold  Images which are licensed from the copyright owners (i.e. National Archives of Thailand, the Film Archives of Thailand and etc.)  Classification of Collections* (based on the ownership of copyright and scope of license available for future use)  Digital images which are legally owned their copyright through a joint development with professional developers *According to our research conducted on July 29 and two times in August 2011 © 2011 All rights reserved, 陳光合： disclaimer to all pictures and cited info.

 IP Management Right Line’s Asset and Right Line Management Digital Images Licensing Preexisting Work Authorized 3 rd Party No License But Permit to photography and Video Record Museum Co- develop between Museum and Develop er Scope of License/ Permission by Law Digitalization Unauthorized Copyright Infringement Hire of Work Agreement -Written  Copyright  Jointly -Verbal  developer is prohibited to communicate to public without prior consent © 2011 All rights reserved, 陳光合： disclaimer to all pictures and cited info.

 Archives in US Museum & Copyright Ownership  Facts: US Museums are long known as one of the world proficient museums in its organized system and efficient management It has long been recognized as having possessed a vast volume of collections and archives In 2010, a New York Metropolitan Museum alone, for example, has possessed collections and artifacts more than 2 million Among these, more than 6,500 are an art work, while the rests are a mixture of drawings, carvings, and images © 2011 All rights reserved, 陳光合： disclaimer to all pictures and cited info.

 Archives in US Museum & Copyright Ownership  Classification of Museums’ Archives (based on the ownership of copyright and scope of license available for future use)  Works that are in public domain  Works that are still copyrighted which may belong to institution or individual owner  For a purpose of “IP Management-Right In/Right Out”, the Brooklyn has sub-divided museum’s collections into;  Unknown Copyright  Under Copyright: © artist or artist’s estate  Under Copyright, licensed obtained: the Specific Rights Statement as Stipulated in the License;  Status Unknown, Research Required © 2011 All rights reserved, 陳光合： disclaimer to all pictures and cited info.

 Archives in US Museum & Copyright Ownership  Classification of Museums’ Archives (based on the ownership of copyright and scope of license available for future use)  Works that are in public domain  Works that are still copyrighted which may belong to institution or individual owner © 2011 All rights reserved, 陳光合： disclaimer to all pictures and cited info.

 IP Management & Licensing Mechanism Right Line’s Asset and Right Line Management Licensing, Donate, Sell, Law Reproduction Museum Fair Use §108 of U.S.C. Scope of Use §107 Digitalization Distribute the Copy Preexisting Work 3 rd Party B  C B  B (Agency)  C 3 rd Party B  C B  B (Agency)  CB  B (Collective Society)  C Public Domain  Digital Images © 2011 All rights reserved, 陳光合： disclaimer to all pictures and cited info.

 Introduction to New Technologies for IP Management  Case Study: Missouri History Museum  LicenseStream A software that enables right holders to effectively manage, monitor and maximize the value of its wide-ranging archives It automates the costly processes of content licensing and royalty settlement, including ongoing management of licensing renewal It can track and manage the Missouri Museum images once they are posted to the web © 2011 All rights reserved, 陳光合： disclaimer to all pictures and cited info.

 LicenseStream © 2011 All rights reserved, 陳光合： disclaimer to all pictures and cited info.

 Introduction to New Technologies for IP Management  Case Study: Missouri History Museum  LicenseStream A software that enable right holders to effectively manage, monitor and maximize the value of its wide-ranging archives It automates the costly processes of content licensing and royalty settlement, including ongoing management of licensing renewal It can track and manage the Missouri Museum images once they are posted to the web  Digimarc  The Digimarc for image solution embeds unique digital watermarks into each image It provides a digital identity that is imperceptible and persists even as images are copied, manipulated, distributed, transformed or converted to new formats © 2011 All rights reserved, 陳光合： disclaimer to all pictures and cited info.

 Digimarc © 2011 All rights reserved, 陳光合： disclaimer to all pictures and cited info.

 What Thailand can learn from US? 1) Turning crisis into profit 2) General Management 3) IP Audit (Right In) 4) Application of Licensing Mechanism (Right Out)  Combination of 1 to 4 + Market Drive Concept  Sustainability  Limitation of the Research  Time limitation & Sample/Random Selection  Risk and Difficulties  Perception of people towards museums (Non-Profit Organization)  Demand of consumption of local market (Reciprocal Society)  Flexibility and Legal Prohibition (National Museum) © 2011 All rights reserved, 陳光合： disclaimer to all pictures and cited info.

 Missions, Expectations, and Problems  Fact: Thai museum is one of having the longest history in Asia Thai museum owns the biggest number of museum in Southeast Asia  Problems of Thai museums Deficiency in the resource (manpower and facilities) Limitation of Financial Support Hierarchy system in their management (esp. National Museum) Lack of continuous learning that are consistent to updated and advanced environment of society  What Thais think and expect on our museums? Thai museums lack of advanced technology displayed Museums is a place of learning, cultural diffusion, and non-profit organization People hope on Thai museums to be well-organized and standardized like US Museums