PUTTING FAIR USE ON DISPLAY: ENDING THE PERMISSIONS CULTURE IN THE MUSEUM COMMUNITY.

CHANDLER R. PUTTING FAIR USE ON DISPLAY: ENDING THE PERMISSIONS CULTURE IN THE MUSEUM COMMUNITY. Duke Law & Technology Review [serial online]. January 2016;15(1):60-83. Available from: Academic Search Complete, Ipswich, MA. Accessed June 19, 2017.


This article addresses some of the issues we discussed in class today regarding Fair Use Copyright.  The question pertains to the use of technology in museum virtual tours.  The author argues the need for a "permissions culture" amongst the museum community that allows for technological applications to apply Fair Use with regard to virtual tours, phone applications, etc.  The article notes how this "understanding" has been common practice in the museum community for many years, but emerging laws regarding copyright infringement, etc. may threaten the use of broadcast technology.  Furthermore, the cost of licensing visual works and images for these applications would be incredibly expensive making the entire endeavor all but impossible.


All in all, I would have to say I agree with the author.  Copyright laws are meant to protect the original, intellectual property of the creator.  Fair Use, however, allows for certain exceptions to be made when applied to educational practices.  I would argue that a "virtual tour" of a museum, an institution dedicated to both the preservation of important works and educating the public as to their importance, an institution whose location may be beyond ones means to actually visit in-person, would fall well within these parameters.  I think most museums and their curators would agree with that assessment and recognize that perhaps a new standard of practice or "permissions culture" needs to be investigated.