For those interested in the current and emerging issues and conflicts regarding copyright and the archiving of public domain content, I’ve been meaning to mention a recent interview with Peter Hirtle, Senior Policy Advisor for the Cornell University Library, that discusses the background and reasoning behind Cornell Library’s new policy which states that it will not exert any ownership over public domain items in their collection.  While it is library-oriented and not centered on art, Hirtle thinks (and I concur) that the arguments could apply to art institutions and museums as well.

Hirtle discusses the issues raised by the legal and practical complexities associated with public domain material; the Google book project; jurisdictional issues; the options the Library considered; logistical and administrative problems with legal enforcement;  contractual options; commercial vs. non-commercial use; and the downside of the Library’s “free use” model.

This is a phenomenal interview with solid reasoning as to Cornell Library’s “free model” approach, with sophisticated legal  and policy rationales which other museums and archiving institutions could learn much from. 

Keep in mind that this is not a “let culture be free” argument (the “culture” here is already free (public domain)), but rather a well thought-out argument as to how institutions can benefit from making ”free culture” be more accessible.

Interview information:

Peter Hirtle, “Removing All Restrictions: Cornell’s New
Policy on Use of Public Domain Reproductions.” Research Library Issues: A
Bimonthly Report from ARL, CNI, and SPARC, no. 266 (October 2009): 1–6.