Dr. Wariya Lamlert School of Law, National Institute of Development Administration Dr. Wariya Lamlert

Dr. Wariya Lamlert

School of Law, National Institute of Development Administration

THAI LEGAL PROSPECTIVE ON LICENSING

MECHANISM

Dr. Wariya Lamlert

ARGUMENTS ON LICENSING MECHANISM IN THAI MUSEUMS

Inhibiting museums’ ability to carry out mission and mandate

Preventing the third party from carrying out reproduction for preservation purposes, reproduction and distribution for educational purposes, and reproduction and distribution as a means of providing access to collections

Dr. Wariya Lamlert

ARGUMENTS ON LICENSING MECHANISM IN THAI MUSEUMS

Dr. Wariya Lamlert

Restricting access; Making the process complicated and

time consuming; and Resulting in costly permission

Developed Countries Serve the public and

educators Manage and promote

museums and their collections

Serve publishers and other commercial users by granting licensing agreement

Serve internal museums or museum-to-museum requirements

Recover service cost (Licensing mechanism is basically applied); and

Protect museums from IP infringement

Thailand Preserve its collections Educate the public about

them; and Provide the public with

access to the collections

MUSEUMS AND THEIR PILLARS OF MISSION AND MANDATE

Dr. Wariya Lamlert

Dr. Wariya Lamlert

LEGAL PROSPECTIVE ON LICENSING MECHANISM IN THAI MUSEUMS

Orphan work problem No collective management organization Limited application of fair use

Fair Use = No payment and no permission process required, must be non-commercial use

Licensing Mechanism = Royalty fees and permission process required, can be both commercial and non-commercial use

FAIR USE DOCTRINE VS. LICENSING MECHANISM

FEASIBLE RECOMMENDATIONS

Dr. Wariya Lamlert

Royalties: Royalty payments can take the form of a flat fee or a percent of the sales price. Percentage based royalties generally are the preferred route for both licensees and licensors.

Category of Use Consideration: Non-commercial use should be allowed without payment whereas commercial use is required for royalty fees under licensing scheme.

Awareness: It is essential to specify who is legally authorized to sign agreements/licenses on behalf of the museum.

Collecting Society Establishment: Intermediary between museums and licensees/licensors

LICENSING DIGITAL IMAGES THROUGH

INDIVIDUAL AND COLLECTIVE LICENSING

MECHANISM – A COMPARATIVE STUDY

OF THAILAND AND US

A. A. Nattapong Suwan-in （陳光合） *

LL.B, MBA, Notary Public

School of Law, Assumption University of Thailand

© 2011 All rights reserved, disclaimer to all pictures and cited info.

OUTLINE Thailand

Thai Museum in Overview

Missions, Expectations, and Problems

Digital Images in Thai Museum (Case Study)

General Management

IP Management

US

Archives in US Museum & Copyright Ownership

IP Management & Licensing Mechanism

Original Work

Digital Images Developed

Introduction to new technologies for IP Management What Thailand can learn from US?

© 2011 All rights reserved, 陳光合： disclaimer to all pictures and cited info.

THAILAND Thai Museum in Overview

National Museum

(44 Museums)

Thai Local

Museum

Museums belong to other public sectors


THAILAND Missions, Expectations, and Problems

Facts: Thai museum is one of having the longest history in Asia Thai museum owns the biggest number of museum in Southeast

Asia Problems of Thai museums

Deficiency in the resource (manpower and facilities) Limitation of Financial Support Hierarchy system in their management (esp. National

Museum) Lack of continuous learning that are consistent to updated

and advanced environment of society

What Thais think and expect on our museums? Thai museums lack of advanced technology displayed Museums is a place of learning, cultural diffusion, and non-profit

organization People hope on Thai museums to be well-organized and

standardized like US MuseumsHow can a museum simultaneously

develop and generate sufficient income in order to meet people expectation and

sustain their daily business/affairs”?


THAILAND Digital Images in Thai Museums

Museum Siam Was established and officially open to public on April 2, 2008 Under administration of the National Discovery Museum

Institute (NDMI) Exhibition is displayed in 17 themes in 3 floors for exposition Visitors can learn Thai history and root of the nation from both

via its website and on-site at the old building of the Ministry of Commerce on Sanam Chai Road (Source: http://th.wikipedia.org/wiki/มิ�วเซี�ยมิสยามิ)

Museum Siam & Nitasrattanakosin (Case Study)


http://th.wikipedia.org/wiki/%E0%B8%A1%E0%B8%B4%E0%B8%A7%E0%B9%80%E0%B8%8B%E0%B8%B5%E0%B8%A2%E0%B8%A1%E0%B8%AA%E0%B8%A2%E0%B8%B2%E0%B8%A1

http://th.wikipedia.org/wiki/%E0%B8%A1%E0%B8%B4%E0%B8%A7%E0%B9%80%E0%B8%8B%E0%B8%B5%E0%B8%A2%E0%B8%A1%E0%B8%AA%E0%B8%A2%E0%B8%B2%E0%B8%A1

THAILAND Digital Images in Thai Museums

Nitasrattanakosin Was established and officially open to public on March 9, 2010 Under administration of the Crown Property Bureau (CPB) Exhibition was open to public simultaneously with its website Exhibition is divided into 9 rooms with different themes in all 3

floors Digital pictures are available to download with no charge on

website (Source: http://www.nitasrattanakosin.com/home.php)

Museum Siam & Nitasrattanakosin (Case Study)


http://www.nitasrattanakosin.com/home.php

THAILAND General Management

Source of Income Annual Support from Government (National Museum) Entrance Ticket Donation Products or Souvenirs sold

Images which are licensed from the copyright owners (i.e. National Archives of Thailand, the Film Archives of Thailand and etc.)

Classification of Collections*(based on the ownership of copyright and scope of license available for future use)

Digital images which are legally owned their copyright through a joint development with professional developers

*According to our research conducted on July 29 and two times in August 2011© 2011 All rights reserved, 陳光合： disclaimer to all pictures and cited info.

THAILAND


THAILAND IP Management

Right Line’s Asset and Right Line Management

Digital Images

Licensing

Preexisting Work

Authorized

3rd Party

No License But

Permit to photography and Video

Record

Museum Co-develo

p betwee

n Museum and Develo

per

Scope of License/Permission by Law

Digitalization

Unauthorized

Copyright Infringement

Hire of Work Agreement- Written Copyright Jointly

- Verbal developer is prohibited to communicate to public without prior

consent


US Archives in US Museum & Copyright Ownership

Facts: US Museums are long known as one of the world proficient

museums in its organized system and efficient management It has long been recognized as having possessed a vast volume

of collections and archives In 2010, a New York Metropolitan Museum alone, for example,

has possessed collections and artifacts more than 2 million Among these, more than 6,500 are an art work, while the rests

are a mixture of drawings, carvings, and images



Classification of Museums’ Archives(based on the ownership of copyright and scope of license available for future use)

Works that are in public domain Works that are still copyrighted which may belong to

institution or individual owner

For a purpose of “IP Management-Right In/Right Out”, the Brooklyn has sub-divided museum’s collections into;

Unknown Copyright Under Copyright: © artist or artist’s estate Under Copyright, licensed obtained: the Specific

Rights Statement as Stipulated in the License; Status Unknown, Research Required



Classification of Museums’ Archives(based on the ownership of copyright and scope of license available for future use)

Works that are in public domain Works that are still copyrighted which may belong to

institution or individual owner


US IP Management & Licensing Mechanism

Right Line’s Asset and Right Line Management

Licensing, Donate, Sell, Law

Reproduction

Museum

Fair Use

§108 of U.S.C.

Scope of Use§107

Digitalization

Distribute the Copy

Preexisting Work

3rd Party

B C

B B (Agency) C

3rd PartyB C

B B (Agency) C

B B (Collective Society) C

Public Domain

Digital Images


US Introduction to New Technologies for IP

Management Case Study: Missouri History Museum

LicenseStream A software that enables right holders to effectively manage,

monitor and maximize the value of its wide-ranging archives

It automates the costly processes of content licensing and royalty settlement, including ongoing management of licensing renewal

It can track and manage the Missouri Museum images once they are posted to the web


US LicenseStream

http://www.licensestream.com/licensestream2/Portal/products/movie/sales_demo.html


http://www.licensestream.com/licensestream2/Portal/products/movie/sales_demo.html

US Introduction to New Technologies for IP

Management Case Study: Missouri History Museum

LicenseStream A software that enable right holders to effectively manage,

monitor and maximize the value of its wide-ranging archives

It automates the costly processes of content licensing and royalty settlement, including ongoing management of licensing renewal

It can track and manage the Missouri Museum images once they are posted to the web Digimarc

http://www.youtube.com/watch?v=TMJey8LcD0s

The Digimarc for image solution embeds unique digital watermarks into each image

It provides a digital identity that is imperceptible and persists even as images are copied, manipulated, distributed, transformed or converted to new formats


http://www.youtube.com/watch?v=TMJey8LcD0s

US Digimarc http://www.youtube.com/watch?v=ylNUQQgpy3A


http://www.youtube.com/watch?v=ylNUQQgpy3A

LICENSING OPPORTUNITY OF THAI MUSEUM

What Thailand can learn from US?

1) Turning crisis into profit

2) General Management

3) IP Audit (Right In)

4) Application of Licensing Mechanism (Right Out)

Combination of 1 to 4 + Market Drive Concept Sustainability

Limitation of the Research Time limitation & Sample/Random Selection

Risk and Difficulties

Perception of people towards museums (Non-Profit Organization)

Demand of consumption of local market (Reciprocal Society)

Flexibility and Legal Prohibition (National Museum)


THANK YOU


THAILAND Missions, Expectations, and Problems

Fact: Thai museum is one of having the longest history in Asia Thai museum owns the biggest number of museum in Southeast

Asia Problems of Thai museums

Deficiency in the resource (manpower and facilities) Limitation of Financial Support Hierarchy system in their management (esp. National

Museum) Lack of continuous learning that are consistent to updated

and advanced environment of society

What Thais think and expect on our museums? Thai museums lack of advanced technology displayed Museums is a place of learning, cultural diffusion, and non-profit

organization People hope on Thai museums to be well-organized and

standardized like US Museums

Documents

Dr. Wariya Lamlert School of Law, National Institute of Development Administration Dr. Wariya Lamlert