Ethical Public Domain

COMMUNIA Workshop, Vilnius, March 31, 2008: Debate of Questionable Practices

Andrius Kulikauskas

Andras Galambosi: Orphan Works going Private? Lack of Freedom of Information? Disputed Practices of Classical Memory Institutions

(the paper is written in a provocative manner on purpose)

1. Focus

The term „classical memory institutions” represents the tax-payer financed deposits, repositories of cultural heritage, i.e. libraries, museums, archives, public collections, etc. The focus of this paper is on the generally experiencable practice of these insitutions, the lock-away mentality, the insiders’ wink-wink-keep-it-all-in-stick-together practice.

2. Experiences

Some parts of the collections are not accessible to the public. Some parts are accessible for a limited audience. Some parts are accessible seasonally. Any piece of cultural heritage is accessible only for limited purposes. You are not allowed to take pictures inside a museum – unless you buy a photo ticket. One is permitted to learn only selected slices of culture. Public collections usually publish parts of their collection. Libraries even produce reprints. Archives create CDs, DVDs containing interesting parts of their deposits. Public collections generally do not let commercial use, or reuse of information they collect.

3. Statements

Culture is what we are living in. Those pieces of information, which are never used, are practically non-existent – the never known culture. Locked away culture is not for the benefit of the public. Institutions, which are given 100% funding, should operate 100% transparent. Information gathered, administered, categorized in these institutions must serve the public, must be open and accessible to the public. Great amount of items in these collections has nothing to do with the copyright, so there should be no barrier to reusing or distributing them.

4. Collision

Institutions often create copyrights on the material which is collected by them. It is not permitted to publish a book forgotten long ago - without the permission of the copy holder i.e. the national library. No one is allowed to publish a photo of a certain painting - without the permission of the gallery. The institutions are not able to exploit all the possibilities of the content, of the information they hold. Instead of opening it to the public, they generally close it, limiting the usage.

5. Step forward?

Understanding the necessity of guarding unical artefacts, paintings, books, etc., public collections should find a good balance turning to and really serving the public - while limiting access to (or even locking away) small portions of their collections. They may have their inner drives, own purposes regarding to certain collections, but the focus of their activities should originate from the needs of the community around.

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