Internet Lectures Research:
Broadening the Audience for Live Slide Show Presentations
Contracts between lecturers and museums should carefully take intellectual property rights into account and contemplate derivative uses of the lectures. An institution can agree with a lecturer to create a Web lecture as a part of the lecturer's preparation of the "in person" lecture. The agreement can provide that the lecturer record the necessary audio track segments as a part of her or his presentation package and permit it to be presented as a Web lecture.
Lecturers who are professors at universities should confirm that off-campus lectures on their part -- and derivative uses of them -- do not "cross the line" with regards to conflict-of-interest covenants. Harvard Law School's dispute with Professor Arthur Miller over conflict-of-interest rules relating to his activities with Concord University provides a classic example of problems that happen when agreements do not contemplate the emergence of new methods (in this case the Internet) of knowledge distribution. Professor Robert Jenson of Trinity University wrote a contemporaneous article titled "Arthur Miller: Is He At Harvard or Concord Law Schools" on this subject, followed up by an article "Continuing Topic - Courses for Hire?" in JURIST: The Legal Education Network, directed by Professor Bernard J. Hibbitts of the University of Pittsburgh School of Law. Carol A. Twigg, Executive Director of the Center for Academic Transformation at the Rensselaer Polytechnic Institute, wrote in 2000 "Who Owns Online Courses and Course Materials? Intellectual Property Policies for a New Learning Environment," sponsored by a grant from the Pew Charitable Trusts. Her paper discusses broad issues relevant to academics and institutions prompted by development of the Internet.
P.S.1 Contemporary Art Center, an affiliate of the Museum of Modern Art, operates WPS1, a Web-based radio station devoted to the arts. WPS1 also serves as an audio digital library, with recordings available through a page titled Historic Audio from the Archives of the Museum of Modern Art. Some of the recordings date back to 1952. On December 8, 2004 Brett Littman, Deputy Director, P.S.1 Contemporary Art Center shared with TFAO the model form license agreement created by P.S.I for use with artists, so that museums may reference it for creating their own releases for lectures and other audio projects.
When securing permissions with image owners to use images for a prospective exhibition for purposes including paper-printed publications, publicity, exhibition on the Web and educational lectures, the museum staff should also request that the images be further used for a Web lecture. Christine L. Sundt of the University of Oregon Libraries presented a paper to the the College Art Association's annual conference in February, 2004 titled "Fair Use of Images in the Classroom: How Far is Fair?" The paper offers insights into fair use provisions of the copyright law for images used in classroom lectures and web sites. Ms. Sundt poses the question
followed by analysis of the issues involved. For permissions agreement, license or contract guidelines see Handling permissions: pro-forma and licenses from University of Bristol & Catherine Grout, Phill Purdy & Janine Rymer (Visual Arts Data Service).
Image copyrights are complex and many times it is too difficult and time consuming to track down multiple outside copyright owners for Web lectures or other multimedia purposes. For Web lectures to be produced after permissions have been already obtained for paper-printed publications and other uses, it may prove practical to limit Web lectures to situations where the museum is presenting images of works from its own collection or a limited number of sources.
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