1 5 T H M A Y 2 0 2 0 I N P A R T N E R S H I P W I T H Y O R K M U S E U M S T R U S T

Volunteers and Legal Compliance Naomi Korn

Managing Director

Naomi Korn Associates

CopyrightUnless otherwise stated, the contents of this presentation are ©Naomi Korn Associates. Some Rights Reserved.This presentation may be shared and reused under the terms of Creative Commons Attribution Share Alike Licence apart from any images, for which separate permission from Naomi Korn Associates to reproduce them must be sought. Disclaimer:The contents of this document are based on the assessment of Naomi Korn Associates and are intended as an overview of the broad issues rather than legal advice. If such legal advice is required, the opinion of a suitably legally qualified professional should be sought.

This resource was developed by Naomi Korn Associates as part of a project commissioned by Museum Development Yorkshire.

What we’re covering• Hello and Project Context

• Setting the Scene

• Issues and challenges

• Opportunities

Hello and who are we?

www.naomikorn.com

http://www.naomikorn.com/

Volunteers and cultural heritage sector • 20.1 million people volunteered last year• Over 100,000 in independent museums (in 2009)• 65,000 in NT• 500 in British Museum

Volunteers & legal compliance • Subject to a museum’s statutory, regulatory and policy obligations

Copyright Data Protection

What is copyright?• Over 300 years• Publishers, Hogarth, Charles Dickens and Victor Hugo• CDPA 1988• 2014 Regulations• Users, owners and generators

• More here: • www.copyrightuser.org• www.ipo.gov.uk

http://www.copyrightuser.orghttp://www.ipo.gov.uk

Volunteers and copyright issues 1.• Staff, Copyright Act 1911 and ownership of rights• Status of volunteers• Volunteers and ownership of rights• Volunteers and moral rights• Governance issues

SOLUTIONS:• Deed of copyright assignment• Moral rights – editing, crediting, consent & waiving• Governance

Volunteers and copyright issues 2.• Cultural heritage and arts organisation “own” objects • But they do not own the rights• This is because:

• Copyright vests with the creators of the objects • Copyright is v. egalitarian • Copyright lasts for a long time

• UK: lifetime + 70 yearsSOLUTIONS:• Copyright at point of acquisition, loans and use• Copyright and documentation• Copyright and orphan works/risk management• Policies, procedures and tools• Awareness

Volunteers & copyright issues 3.• But we whilst we use others people’s copyright works we also create, and

commission our own• Contractors, students & copyright

SOLUTIONS:• Use of contracts and appropriate contractual clauses• Procedures and policies • Awareness

Volunteers & copyright issues 4.• Making money from copyright

SOLUTIONS:• Shore up rights• Licensing as part of business models• YMT/Naomi Korn Associates resources

What is data protection?• Since 1984• Google, Facebook and data glut • DPA 1998• GDPR 2018• Personal data, digital/analogue/Data Controllers etc

More here: • www.ico.org.uk

http://www.ico.org.uk

Volunteers & data protection issues 1.• Organisational processing of personal data

SOLUTIONS:• What• Why• Legal basis• Where• How long• Keeping safe

Volunteers & data protection issues 2.• Visitor books

SOLUTIONS:• As much as you need• Reflective

How have we helped• FAQs• Factsheets• Deed of copyright assignment• This webinar

Want more?• YMT website• www.naomikorn.com

http://www.naomikorn.com

Some policies to amend/create• Volunteer policy (which includes copyright assignment)• Notice and take down policy• Privacy policy• Data storage policy• Cyber security policy• Clean desk policy• Social media policy (which includes copyright and data protection considerations)

Finally a checklist J• Ensure you are aware of copyright and data protection legislation and issues as they

relate to your museum • Audit your volunteer roles to assess which ones involve creating or using copyright

works, or handling personal data • Update any policies and processes that are not currently legally compliant• Change volunteer activities, role profiles and/or volunteer agreements to reflect legal

responsibilities• Provide volunteers with relevant training to carry out their roles legally and

effectively • Monitor volunteers to make sure they are confident in their roles. Ask for feedback

and provide support and/or make changes to roles where needed

Top tips • On going journey• High levels of awareness• Transparency• Documentation• Response to things going wrong• Help..

Thank youwww.naomikorn.com

@nkorn

naomi@naomikorn.com

http://www.naomikorn.com/