Presented by Lavinia Ciuffa, at the Annual Conference of the Visual Resources Association, March 12-15, 2014 in Milwaukee, Wisconsin. Session 9, Case Studies in International Copyright Compliance: Untangling the Web of Publishing and Sharing Copyrighted Content Online ORGANIZERS: Cara Hirsch, Artstor Allan Kohl, Minneapolis College of Art and Design (on behalf of the VRA Intellectual Property Rights Committee) Vicky Brown, University of Oxford (on behalf of the VRA International Task Force) MODERATOR: Allan Kohl, Minneapolis College of Art and Design Vicky Brown, University of Oxford PRESENTERS: • Matthias Arnold, University of Heidelberg (Germany) • Vicky Brown, University of Oxford (United Kingdom) • Marta Bustillo, National College of Art and Design, Dublin (Ireland) • Lavinia Ciuffa, American Academy in Rome (Italy) • Marika Sarvilahti, Aalto University, Helsinki (Finland) Teachers, students and scholars have long been able to rely on fair use in making content available for teaching, research and study within the United States. However, such protections don’t exist outside the United States. This session explores the various ways that visual resource professionals have addressed copyright compliance issues when making images available for educational and scholarly purposes outside of the United States. Using various case studies, the session will address the sharing of image resources between and among different institutions, determining when and how images can be made available to the general public, creating image-based research collaborations across national boundaries, and the international aspects of publishing with images.

1. AMERICAN ACADEMY IN ROME
PHOTOGRAPHIC ARCHIVE
Lavinia Ciuffa
l.ciuffa.ext@aarome.org
design Maria Sole Fabri
Visual Resource
Association
32nd Annual
Conference
Milwaukee, WI,
March 12-15, 2014
Session 9, Case Studies in International Copyright Compliance:
Untangling the Web of Publishing and Sharing Copyrighted Content Online

2. AMERICAN ACADEMY IN ROME - PHOTOGRAPHIC ARCHIVE
Law no. 633: "The author's right applies to any work
of intellect of creative character in the fields of
science, literature, music, figurative art, architecture,
theatre and cinematography, no matter what style or
form of expression”.
THE LAW from Past to Present
•
Georgina Masson,
Rome, Foro Italico,
1950

3. AMERICAN ACADEMY IN ROME - PHOTOGRAPHIC ARCHIVE
“…the image is protected no matter which
instrument and/or procedure is used to create it…”
THE LAW and the Digital Era

4. Marco Delogu, Amphiteatrum Flavium, Rome, 2009
FULL PROTECTION:
LIFE + 70 YEARS
Ernest Nash, Amphiteatrum Flavium, Rome, 1950
PROTECTION:
LIFE + 20 YEARS
AMERICAN ACADEMY IN ROME - PHOTOGRAPHIC ARCHIVE
Documentary Image
WITHOUT PROTECTION
Fototeca Unione Collection
Creative/Artistic Image:
Credits are mandatory and copyright
depends on the agreement between
parties
Not creative/Simple Image:
Credits always depend on
agreements - Image can be legally
used without credits

5. THE LAW and creative works
AMERICAN ACADEMY IN ROME - PHOTOGRAPHIC ARCHIVE
Mimmo Jodice, 1985
Bronze Athletes, Villa dei Papiri, Herculaneum
The Italian Copyright Law has
substantially one goal:
To protect the photographer's creativity
Entitled to full protection is the
CREATIVE IMAGE:
1) Author’s name
2) Date in which the photo has been produced
3) The author of the subject depicted
If a reproduction does not have the necessary data, unlicensed use
of it will not be considered illegal unless the author can prove that
the user of the image acted in bad faith

6. AMERICAN ACADEMY IN ROME - PHOTOGRAPHIC ARCHIVE
John H. Parker
Rome, Porta Ostiensis, 1866
THE LAW and Italian authors …using a variety of solutions…
Apps:
dwProtector/MooTools
dwProtector/jQuery
Super Simple Image Tiles
TinEye

7. « La vie en rose» for Martini, by Armando Testa, 2009
Dolce & Gabbana, by Oliviero Toscani, 2012
Italian copyright law does not have an
equivalent to fair use
- Reproduction Rights
- Distribution / Diffusion Rights
- Elaboration Rights
The LAW gives the photographer
the authority to decide on the
use of his images
AMERICAN ACADEMY IN ROME - PHOTOGRAPHIC ARCHIVE

8. NEW MEASURES
From March 2014, AGCOM can request the
provider infringing copyright law:
.To remove the single content from the site - if provider in Italy
.To disconnect site access - if sites are based outside of Italy
TH
* The provider has 3 days to proceed or to reply to the accusation.
* If no action is undertaken the provider will be fined up to € 250,00.
AMERICAN ACADEMY IN ROME - PHOTOGRAPHIC ARCHIVE

9. AMERICAN ACADEMY IN ROME - PHOTOGRAPHIC ARCHIVE
The copyright law is intended to ensure that the authors’
creativity is respected, but, at the same time, it is in
conflict with online materials that are copyright free.

10. AMERICAN ACADEMY IN ROME - PHOTOGRAPHIC ARCHIVE
Giancolombo, Struggle, Milan, 1948
www.giancolombo.it
Roman Forum flooded, 1956
www.archivioprimoli.it
PRESENT – HISTORICAL ARCHIVES
Italian Visual Archives = independent organisms = a difficult re-adaptation

11. Italian Historical Archives & The Gap
User & Archivist &
Documentary Source
Provider / on-line source
World Wide WebPhysical Archive
Traditional research
(indexes, inventories...)
User & On-line Research
User / image
User / Archivist
The secular concept of Photographic Archive should change;
with the WEB the relation between TIME and SPACE has changed:
time is getting shorter while space is expanding
AMERICAN ACADEMY IN ROME - PHOTOGRAPHIC ARCHIVE

12. Analogic
+
Digital
- Conservation
- Changing Roles
- Structural Innovation
- Law Adjustment
Budget
PAST & FUTURE
The survival of many Italian Historical Photo Archives depends on
their financial capacity and on their ability to adapt to important
changes or they will become places of memory with no real use.
Necessary innovation will require highly trained professionals and
considerable financial backing in order to achieve:
Conservation - Continuity and Progress
AMERICAN ACADEMY IN ROME - PHOTOGRAPHIC ARCHIVE

13. Masson Collection Van Deman Collection
Fototeca Unione
Beato Collection Vermeule Collection
Parker Collection
Library Collection
Gatteschi Collection
Fototeca Unione
Askew CollectionLandscape Collection
Bini Collection
The Photographic Archive of the American
Academy in Rome preserves and provides
access to a number of historic collections for
the purposes both of research and of
publication
AMERICAN ACADEMY IN ROME - PHOTOGRAPHIC ARCHIVE

14. AMERICAN ACADEMY IN ROME - PHOTOGRAPHIC ARCHIVE
• Over 10.000 pictures on the on-line digital database
• KOHA: online catalog - open-source Integrated Library System
• Fedora: digital central repository
• www.aarome.org/research/photo-archive
• staging.idra.info
• library.aarome.org
OurThe AAR Photo Archive on the web:

15. AMERICAN ACADEMY IN ROME - PHOTOGRAPHIC ARCHIVE
Publications which run under 2000 copies
are copyright free
- Publication of books, magazines, catalogues/promotional
use: € 40,00 per image
- On cover/back-cover or spine additional charge: € 25,00
- Exhibitions, Reproductions in TV/Films: € 80,00 per image
- E-books, e-journals, on-line versions/services: € 80,00 per image
- Re-use of an image: 75% of the original fee per image
http://
• We provide reproductions on the format and resolution requested
• Rights Fee depends on the use

16. AMERICAN ACADEMY IN ROME - PHOTOGRAPHIC ARCHIVE
The American Academy in Rome contributed with online images to the Project
RECONSTRUCTING CITIES FROM PHOTOGRAPHS
Supported by the National Science Foundation
www.vimeo.com/32038695
A Project led by Prof. B. Frischer, University of Virginia and
the University of Washington Computer Scientist S. Seitz

17. AMERICAN ACADEMY IN ROME - PHOTOGRAPHIC ARCHIVE
Author: Prof. Brendan Nagle, USC.
Prentice Hall, 2010
Authors: Nancy H. Ramage, Ithaca College,
Andrew Ramage, Cornell University.
Pearson, 2013
Author: Peter V. Jones, Keith C. Sidwell.
Cambridge University Press, 2013
Images from the AAR - Photo Archive in books and e-books

18. AMERICAN ACADEMY IN ROME - PHOTOGRAPHIC ARCHIVE
“Only one thing is impossible for God:
to find any sense in any copyright law on the planet”
[Mark Twain's Notebook,1902-1903]
Lavinia Ciuffa
Consultant Archivist
l.ciuffa.ext@aarome.org