Research On Copyright Expansion And Restriction In Museum Resource Utilization

Museum resources means the collection resources of museums.In recent years,with the rapid development of museums in our country,museums use collection resources to develop cultural and creative industries,resulting in great commercial success.Licensing of copyrights is the main way to use museum resources,but licensed use requires a clear rights basis.In practice,it is reflected that the museum is not clear about whether it owns the copyright of the collection resources,and there is an copyright overreach,which does not meet the requirements of the Copyright Law and is contrary to the function of the museum.This article will show the specific manifestations of the expansion of museum copyrights,and learn from the foreign museums,finally give suggestion for Chinese museums to restrict the use of copyright.The first part,Museum resources are immovable and movable cultural relics and works of art collected,managed and protected by museums,and are a kind of physical or digital information.It can be classified into the collection itself,derivatives unrelated to the collection,and derivatives of the collection.When developing cultural and creative industries,museums use not the property rights of resources,but the intellectual property rights of resources.The copyright license is the main way of using museum resources in our country.The second part,sort out and analyzes the copyright expansion in the utilization of museum resources.First,Through several typical cases,it is concluded that there is no clear right basis for museums to use copyrights.Not all museum resources are copyrightable.In most cases,museums digitize collections for the purpose of preserving the original information.This digitization is an accurate reproduction,and the digital resources of the collections formed are not copyrightable.Second,if the ownership of the copyright of museum collections and their derivatives is not clearly stipulated in the contract,the museum cannot own the copyright.Third,by sorting out the practice and theoretical disputes of foreign museums and examining the actual practices of museums in our country,it is found that museums use contracts and technical measures to violate copyright law,claim copyrights on collection resources that are not copyrightable and whose copyrights belong to others,invade the public domain.The third part,discusses limiting the expansion of museum copyrights.First of all,starting from the principle of balance of interests and the public nature of museums,the legitimacy of restricting the copyright of museums is determined.Second,the impact of economic benefits and cultural risk concerns are the two main reasons that prevent museums from restricting copyright.Finally,draw lessons from the experience of foreign museums restricting copyright expansion under the open access movement.Opening up digital resources for non-commercial use or completely opening up public domain resources,while clarifying the rules of use,is a specific approach taken by foreign national museums in response to the open access movement and new legislative requirements.In the fourth part,give suggestion on the copyright restriction of museums in our country.Museums should start from themselves,correctly understand and apply copyright law,make their practices meet the requirements of copyright law,and keep in mind the duties of museums.Museums should clarify the copyrightability and ownership of the resources,strengthen the protection of their own copyrights,and use clear copyrights.Secondly,the rules for using digital resources in collections with standard format and detailed content are established by setting the rights statement.To ensure fair use as the minimum bottom line,open the collection resources for non-commercial use.Finally,museum-related laws need to make new guidelines for new issues,and museum administrative departments should formulate policies and regulations for specific issues.