NEMA Workshop: Protecting your Interests: Intellectual Property, Consultants, and Contracts in Today's Museums
Business - Class/Workshop
Wednesday, May 2, 2012
9:30 AM-3:30 PM
Worcester Art Museum
55 Salisbury Street
Worcester, MA 01609
Google Maps - MapQuest
Join us for a morning panel discussion between a museum representative, a museum consultant, and an intellectual property lawyer as they present their various perspectives on contract negotiations and navigate through the legal issues that arise in such a partnership vis-à-vis intellectual property rights.
The afternoon will feature a practice session where participants can bring their real-life situations and questions to work hands-on with volunteer intellectual property lawyers in crafting quality contracts and answering intellectual property questions.
This workshop is open to all who are interested in intellectual property law.
PAG Co-Chairs:
Trip Anderson, Innoventive Design Associates, LLC
Thomas E. Conroy, CCIK Consulting
Jeanne Koles, Jeanne Koles Consulting
Agenda
9:00 am Registration opens
9:45 am Introduction/Opening Remarks
10:00 am Keynote Speaker
Presentation/Discussion by Intellectual Property Lawyer Andrew Epstein.
Drew will discuss various elements of Intellectual Property as they pertain to Museums and Consultants. Of particular interest are the following:Â
-Guidelines for defining intellectual property
-Common issues that arise in intellectual property cases between museums and consultants such as: the rights of each party and how far copyrights extend
-how does "fair use" policy come into play in these situations?
-The effect of the Internet, in particular on copyright and intellectual ownership?
Lunch and Zip Tours (11:30 pm - 1:00 pm)
WAM will offer two Zip Tours of the museum during lunch. Zip tours are between 15-20 minutes.
Afternoon Session (1:00 pm - 3:00 pm)
Work session in which participants, divided into groups, work through scenarios of potential intellectual property conflicts. Groups will be handed a scenario and have to come up with the appropriate approach and write contract language to protect the interests of both parties. A group leader will be trained to be the devil's advocate in each case. The scenarios are:
-photography -- A site-specific temporary art installation is installed at a museum and a professional photographer is hired to document the work. The photographs have several potential uses, including but not limited to: a catalogue of the exhibition, print and web exhibition marketing, use by the museum to attract other artists for similar installations, use by the artist to market him/herself to other museums, use in the photographers portfolio. Who "owns" the images and what is the fair use of them for all parties?
-writing -- A writer is hired to write a substantial scholarly piece for an exhibition publication. Several years after the original exhibition closes, the host institution organizes it for travel to five additional venues, for which additional copies of the publication are printed. Not only is each venue contracted to purchase a certain number of copies of the book for their shop, many of them use excerpts from the book in their marketing and publicity. Does the original payment made to the writer preclude the organizing institution from paying additional royalties for unforeseen usage of the material?
-exhibit design--an exhibit designer contracted to work with a history museum on an exhibit comes up with a concept and title for the show that could easily be used in another museum with a similar or different subjects. The museum director believes that because the designer came up with the idea while in the museum's employ, the museum owns the concept and the title, but the designer disagrees. Who is right? What could a contract say to protect the designer's rights? Or the museum's rights? Or both?
-interactive media productions (kiosks) a science museum hires a multi-media production company to design and produce an interactive game to explain the principles of aerodymanics. A design is developed, prototype logic code is written, screen graphics are created, and interactive "coach" characters are generated. The prototype hardware and software are installed for formal preview-prototype evaluation. Prior to signing off on production, however, funding for the project is cut-back and the final installation is scrapped. A year later the museum is funded to develop a separate exhibit on marine mammals. The curators believe the same concepts and "gaming" principles could be used to develop an interactive on locomotion dynamics. Who owns the rights to the "object" code, the museum or the multi-media producer? Who owns the rights to the gaming concepts, screen layouts, and characters developed? What can a contract state to clarify who owns what?
-websites -- A museum has posted pictures of its collection, some individual shots and some as seen in galleries. A person not affiliated with the museum uses some of the pictures on his for-profit website. The museum wants him to stop, but he refuses claiming they are in the public domain because they are accessible via the net. What is right? OR a slight twist... a teacher uses the pictures for a publicly-viewable site done with her students claiming she can use them however she wants so long as they are for educational purposes.
Groups will have approximately 30 minutes to work through the scenarios and then each group will present the scenario and their solution to the rest of the participants. Drew will act as judge evaluating their work. Each presentation will take 10-15 minutes.
Roundup/Evaluation (3:00 pm - 3:30 pm)
PAG Co-Chairs:
Trip Anderson, Innoventive Design Associates, LLC
Thomas E. Conroy, CCIK Consulting
Jeanne Koles, Jeanne Koles Consulting
NEMA Reception
Join your colleagues following the workshop for a chance to mingle and enjoy light refreshments. This event is free and open to all area museum professionals.
4:00-5:00 pm
The Boynton
Worcester, MA 01609
Questions? Call NEMA, 781-641-0013.
Cost: $50 NEMA members / $75 nonmembers / $40 students
Suggested Audiences:
Adult
Website: http://www.nemanet.org/workshops/12IMP.htm
E-mail:
information@worcesterart.org
Last Modified: April 19, 2012 at 2:14 PM
Powered by the Social Web - Bringing people together through Events, Places, & Common Interests
NEMA Workshop: Protecting your Interests: Intellectual Property, Consultants, and Contracts in Today's Museums
Business - Class/Workshop
Wednesday, May 2, 2012
9:30 AM-3:30 PM
Worcester Art Museum
55 Salisbury Street
Worcester, MA 01609
Google Maps - MapQuest
Join us for a morning panel discussion between a museum representative, a museum consultant, and an intellectual property lawyer as they present their various perspectives on contract negotiations and navigate through the legal issues that arise in such a partnership vis-à-vis intellectual property rights.
The afternoon will feature a practice session where participants can bring their real-life situations and questions to work hands-on with volunteer intellectual property lawyers in crafting quality contracts and answering intellectual property questions.
This workshop is open to all who are interested in intellectual property law.
PAG Co-Chairs:
Trip Anderson, Innoventive Design Associates, LLC
Thomas E. Conroy, CCIK Consulting
Jeanne Koles, Jeanne Koles Consulting
Agenda
9:00 am Registration opens
9:45 am Introduction/Opening Remarks
10:00 am Keynote Speaker
Presentation/Discussion by Intellectual Property Lawyer Andrew Epstein.
Drew will discuss various elements of Intellectual Property as they pertain to Museums and Consultants. Of particular interest are the following:Â
-Guidelines for defining intellectual property
-Common issues that arise in intellectual property cases between museums and consultants such as: the rights of each party and how far copyrights extend
-how does "fair use" policy come into play in these situations?
-The effect of the Internet, in particular on copyright and intellectual ownership?
Lunch and Zip Tours (11:30 pm - 1:00 pm)
WAM will offer two Zip Tours of the museum during lunch. Zip tours are between 15-20 minutes.
Afternoon Session (1:00 pm - 3:00 pm)
Work session in which participants, divided into groups, work through scenarios of potential intellectual property conflicts. Groups will be handed a scenario and have to come up with the appropriate approach and write contract language to protect the interests of both parties. A group leader will be trained to be the devil's advocate in each case. The scenarios are:
-photography -- A site-specific temporary art installation is installed at a museum and a professional photographer is hired to document the work. The photographs have several potential uses, including but not limited to: a catalogue of the exhibition, print and web exhibition marketing, use by the museum to attract other artists for similar installations, use by the artist to market him/herself to other museums, use in the photographers portfolio. Who "owns" the images and what is the fair use of them for all parties?
-writing -- A writer is hired to write a substantial scholarly piece for an exhibition publication. Several years after the original exhibition closes, the host institution organizes it for travel to five additional venues, for which additional copies of the publication are printed. Not only is each venue contracted to purchase a certain number of copies of the book for their shop, many of them use excerpts from the book in their marketing and publicity. Does the original payment made to the writer preclude the organizing institution from paying additional royalties for unforeseen usage of the material?
-exhibit design--an exhibit designer contracted to work with a history museum on an exhibit comes up with a concept and title for the show that could easily be used in another museum with a similar or different subjects. The museum director believes that because the designer came up with the idea while in the museum's employ, the museum owns the concept and the title, but the designer disagrees. Who is right? What could a contract say to protect the designer's rights? Or the museum's rights? Or both?
-interactive media productions (kiosks) a science museum hires a multi-media production company to design and produce an interactive game to explain the principles of aerodymanics. A design is developed, prototype logic code is written, screen graphics are created, and interactive "coach" characters are generated. The prototype hardware and software are installed for formal preview-prototype evaluation. Prior to signing off on production, however, funding for the project is cut-back and the final installation is scrapped. A year later the museum is funded to develop a separate exhibit on marine mammals. The curators believe the same concepts and "gaming" principles could be used to develop an interactive on locomotion dynamics. Who owns the rights to the "object" code, the museum or the multi-media producer? Who owns the rights to the gaming concepts, screen layouts, and characters developed? What can a contract state to clarify who owns what?
-websites -- A museum has posted pictures of its collection, some individual shots and some as seen in galleries. A person not affiliated with the museum uses some of the pictures on his for-profit website. The museum wants him to stop, but he refuses claiming they are in the public domain because they are accessible via the net. What is right? OR a slight twist... a teacher uses the pictures for a publicly-viewable site done with her students claiming she can use them however she wants so long as they are for educational purposes.
Groups will have approximately 30 minutes to work through the scenarios and then each group will present the scenario and their solution to the rest of the participants. Drew will act as judge evaluating their work. Each presentation will take 10-15 minutes.
Roundup/Evaluation (3:00 pm - 3:30 pm)
PAG Co-Chairs:
Trip Anderson, Innoventive Design Associates, LLC
Thomas E. Conroy, CCIK Consulting
Jeanne Koles, Jeanne Koles Consulting
NEMA Reception
Join your colleagues following the workshop for a chance to mingle and enjoy light refreshments. This event is free and open to all area museum professionals.
4:00-5:00 pm
The Boynton
Worcester, MA 01609
Questions? Call NEMA, 781-641-0013.
Cost: $50 NEMA members / $75 nonmembers / $40 students
Sponsored by: Independent Museum Professionals, NEMA
Suggested Audiences: Adult
Website: http://www.nemanet.org/workshops/12IMP.htm
E-mail: information@worcesterart.org
Last Modified: April 19, 2012 at 2:14 PM
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