How Did You Get Those Rights?

The Virtual Museum of Canada http://www.virtualmuseum.ca

Rina Elster PantalonyLegal 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