IP Blog / Everyday IP: How museums put IP on display

Everyday IP: How museums put IP on display

Dennemeyer Group October 09, 2024 Read time: 6 minutes

English

The story of human progress and expression is put on display by museums in the works of sculptors, painters, craftspeople and great scientific thinkers. However, it is equally important to consider the underlying Intellectual Property (IP) rights, without which the glass cases would be bereft of some of history's pivotal artifacts.

IP law lays the groundwork for these institutions, safeguarding the innovations behind the exhibits and the buildings that house them. Nonetheless, those same laws limit a museum's control over its borrowed assets, creating a kind of push and pull that has given rise to just as much conflict as creativity. We take a look at both interactions and how they shape the museum world.

Playing by the rules: why museums can use protected works

There are a variety of legal explanations for why museums can put copyrighted, patented, trademarked or otherwise defended works on public show. While the rules differ by jurisdiction and the type of IP protection in question, a few general concepts create the foundation for educative sharing.

Take, for example, the doctrines of "fair use" and "fair dealing." More than 40 countries have some version of these rules in their copyright laws, providing certain limitations to exclusive rights in cases such as research, criticism, scholarship and news reporting. These enable museums in common-law countries to use copyrighted materials in some contexts without prior authorization — a freedom that minimizes the red tape that might otherwise complicate their operations. Similar exceptions that serve the public interest include preserving and managing cultural heritage, especially in the service of education and facilitating certain types of communication.

csm_Everyday_IP_How_museums_put_IP_on_display_02_2f23d9c0bc — For older artifacts, copyrights are generally not a pressing concern. Instead, issues of conservatorship, acquisition and appropriation come much more to the fore, often leading to diplomatic friction between countries.

Another crucial element of IP law for museums is the public domain, a collection of works that can be freely accessed and exploited by the populace of a given country. Public domain creations are not copyrighted, patented, trademarked or otherwise protected and may include works:

For which the copyrights have expired
Cannot be copyrighted
Were created by the national government
Were created specifically for the public domain

For museums, the public domain is especially useful when it comes to older works for which any relevant IP protections have lapsed or expired. That being said, contract law will still apply to physical objects whose ownership can be determined, such as original manuscripts or first-edition printings. These pieces will need to be sold, licensed, loaned or donated to a museum.

However, these transfers can also work with tangible assets, allowing museums to work with IP laws instead of around or through them. Take the example of licensing; this legal agreement between the IP owner and the new user extends certain rights to the latter in exchange for payment, usually upfront fees or royalties. There are different levels of licensing — for example, sometimes even the licensor cannot use the work, while other agreements allow multiple parties to leverage an asset — but all are built on the idea of promoting use.

The value of shared knowledge

By leveraging the various opportunities and options presented by IP law, museums can display works of different types, styles, historical contexts and origins all side-by-side, often with the added value of commentary or explanations facilitated by fair use laws.

csm_Everyday_IP_How_museums_put_IP_on_display_01_e163db5753 — Works protected by exclusive rights can still be displayed for the public thanks to an IP system that facilitates agreements between owners and museums.

This mirrors how similar knowledge-sharing approaches work in the wider world of innovation: When IP is protected yet available, inventors can learn from one another and reach greater heights collectively. Often, especially in the case of licensing, this translates to direct financial benefits.

However, that is not to say that museums have always been correct in their approaches to IP law. Building these centers of cultural preservation and circulation comes with wider considerations that, when overlooked or mismanaged, can lead to IP conflict.

Museum missteps

Even the best intentions can create problems for museums without effective IP management strategies. For example, traditional knowledge and traditional cultural expressions intersect with IP law in complex ways, meaning it can be more difficult to protect them while promoting awareness. Because museums handle social practices extensively, these institutions could either intentionally or unintentionally infringe upon rights that, while not as standardized as others, are nonetheless crucial in respecting and appropriately crediting various cultures.

A related issue arises when museums create photographs of protected works, claiming that this invests the new versions with copyrights – that they then own – because a degree of skill and effort was required to produce them. Where once this was sufficient to qualify as an "original" work, may no longer be the case as global approaches to IP evolve.

One final issue is turnover. Some exceptions and agreements under IP law are based on the assumption that the user will not make money on the protected work or that the money will be shared with the owner. However, this raises questions for museums, which are typically nonprofit organizations but still need to cover their fees. The complications can be increased by the fact that many not-for-profit museums are associated with for-profit sister organizations; for instance, the Smithsonian Institution has a commercial offshoot, Smithsonian Business Ventures.

csm_Everyday_IP_How_museums_put_IP_on_display_03_a6e94de158 — Ticket sales, donations, souvenirs and subsidies can all contribute to covering a museum's operating costs. In the case of larger institutions, IP licensing agreements can bring in the revenue needed to fund additional research projects.

Fortunately, museums are not limited to juggling others' IP. These institutions also exist as creators in their own right, adding value and dimension to the IP landscape.

Makers, not just presenters

Museums have unique opportunities to turn the intersection of IP protection and historical interest into a hub of creativity. Many use licensing structures to turn recognizable works and displays into souvenir product lines, creating new avenues for today's artists by leveraging the work of yesterday's. Often, the name of a museum acquires significant brand value and becomes a trademark, while in other cases, the building is so distinctive as to take on an IP life of its own. The Guggenheim Museum in New York, for one, holds registered trademarks for its interior and exterior images.

In this way, museums can use IP law to brand their offerings and control their media image. The results range from more recognizable products and merchandising opportunities to IP licensing arrangements with digital databases and educational organizations.

Ultimately, museums would not exist without the foundation of IP law — and while the two can both clash and cooperate, their unique relationship continues to support creators and communities across the world.

Explore how strategic partnerships can enhance your institution's impact. Contact us today to discover innovative solutions for managing IP and maximizing both cultural and financial growth.

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Everyday IP