GDPR Top Tips

Following a series of data protection – GDPR training sessions for schools, charities and museums this month, here are my top tips.

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Top Tip #1: Don’t be scare-mongered about GDPR. Its a step up from current data protection laws, and there is no magic bullet. GDPR is about embedding long term systematic “privacy by design” processes and policies within organisations. There is no ICT system that solves it!

Top Tip #2: You can bring together your external compliance obligations in one place. For example, your privacy notice should clearly state why you are collecting personal data etc. It can be published online with your copyright notice which explains what your position is on copyright, and stating what users to your website can do with your content.

Top Tip #3: Being compliant with Data Protection falls within  Schools, colleges and university’s broader safe guarding responsibilities.

Top Tip #4: Data Protection laws apply to print and digital forms of personal data. Know what you have, why and where it is stored. Decide if you should keep it or not, and if so, make sure you plan how you keep it safe.

Top Tip #5: If you can’t find a legal justification for processing personal data, delete or destroy. Otherwise its your risk.

Top Tip #6: The new Data Protection laws are a great opportunity to spring clean your personal data and/or reconnect with people with whom the personal data you hold on them belongs.

Top Tip #7: Make sure you understand your obligations as a Data Controller when others are processing your personal data on your behalf. Always ensure you use robust contractual agreements between you and your data processors.

Top Tip #8: Think holistically about how you can embed “Privacy by Design” into everything you do. Your existing policies like social media, ICT & HR can usefully be amended to cover your new GDPR obligations.

Top Tip #9: Embed clear guidance about data protection into staff awareness & engagement. its everyone’s responsibility.

Top Tip #10: Map out your next steps to be complaint with GDPR in an action plan comprised of short, medium and long term actions and who will take them forward. You won’t be able to do everything at once, but you can start your journey sensibly whilst committing to long-term organisational change.

The contents of this blog post can be shared and re-used under the terms of a Creative Commons Attribution Share Alike Licence http://www.creativecommons.org

 

 

Meet the NKCC Team: John Peel

NKCC is delighted to announce that John Peel, a museum professional who has worked in various collection management roles at Manchester Art Gallery over the past 13 years, has joined NKCC as a Junior Associate.

NKCC John Peel headshot

John is currently the Collection Information Manager for the Manchester Museums Partnership with responsibility for the collection of Manchester Art Gallery, and more recently the collections of the Whitworth and Manchester Museum. John is experienced in dealing with the policy and procedure of rights management in the museum sector and it’s application in a resource limited environment.

John continues working in his current roles whilst gaining experience at NKCC. John is being mentored and managed by Naomi Korn, as part of the NKCC new mentoring scheme. The aim of this scheme is to provide opportunities for skills development for cultural heritage professionals which are also transferable back into the sector.

John Peel “I’m thrilled to have been asked to be the first NKCC mentee. It’s a great opportunity for me to develop my understanding of copyright and data protection. And I will be able to put that new knowledge into practice in my day job which is a great added benefit.”

 

Being a CILIP Trustee

Since 2015, I have been proud to sit on CILIP Board as a Trustee and on CILIP’s Audit Committee. The elections for CILIP Board open at the beginning of November and I wanted to share the importance of the relationship I have with CILIP, why I am standing again and what I offer CILIP and the community in my role as CILIP Trustee.

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(c) Fred Saunderson

What is CILIP?

CILIP (Chartered Institute of Library and Information Professionals), is the professional membership organisation for UK information & library specialists. We have an eclectic membership of over 13,000 members and currently CILIP is the second largest professional membership organisation of its type in the world.

In what ways am I already involved with CILIP?

Apart from being a CILIP Trustee, my relationship with CILIP, its members and the wider information and library community  is extensive, well established and goes back many years. I have worked closely on a variety of projects and activities with CILIP, and have known CEO, Nick Poole for a long time.

As part of my professional relationship with CILIP, I provide copyright and compliance training for hundreds and hundreds of information and library professionals working for all types of organisations. I am involved in training and awareness raising via in-house training, seminars and conference papers, University lecturing and professional organisations, including CILIP, ASLIB, Ark Wilmington and RTA Regional Training. This type of training and awareness raising provides our information and library community with the skills and confidence to support them, their staff, students and members of the public.

I am a regular speaker at CILIP Annual Conference, but also try to support members of CILIP Regional Network and Special Interest Groups wherever I can. I am looking forward to  presenting at the CILIP NW meeting in November when I am up in Liverpool. I am also excited to be working in association with the new CILIP Knowledge Management and Information Group on a half day session on information law together with Prof. Charles Oppenheim later that month.

From 2013-2016, I chaired LACA (Libraries and Archives Copyright Alliance), which is convened by CILIP. Together with my LACA, Wellcome and British Library colleagues we successfully lobbied for UK copyright reform. These reforms, implemented in 2014, are the most important in copyright law for a generation because they include innovative exceptions with broad benefits, such as data and text mining and more favourable provisions for library and information professionals. The UK copyright reforms are acting as a beacon of reform for the rest of Europe. I remain a member of LACA as we navigate the more turbulent waters of UK copyright legislation post Brexit.

Since 2012, I have arranged the programme and chaired the annual CILIP Copyright Conference. This annual event has grown from strength to strength, and out grown CILIP hosting space. I am already starting to plan the 2018 CILIP Copyright Conference.

Finally, I am currently co-authoring a book about information law compliance together with Professor Charles Oppenheim for FACET (the publishing arm of CILIP). Watch this space…….

Why did I become a Trustee?

I already had a well established relationship with CILIP, its members and the wider information and library community but I wanted to become more involved in the strategic direction of travel of CILIP at a crucial time of library closures and when CILIP was  planning its future. Running a small business myself, I felt I could offer valuable business insight, as well as a professional perspective on risk, compliance and business planning. I had also successfully worked with CILIP CEO, Nick Poole, in the museum world, and I wanted to work with him again and his staff.

Why do I want to stand again as CILIP Trustee?

CILIP has a talented Board with diverse skills and experiences. I love working with them and want to do everything I can to support Nick and the Exec team in the successful implement of CILIP’s Action Plan and CILIP’s new membership offer.

I believe that my business acumen, professional compliance and risk skill set compliment the skills we already have on the Board, crucially bringing a synergy of sectorial understanding and business & compliance know-how at a critical time for CILIP and the members we represent.

What can you do?

The elections for CILIP Trustees open at the beginning of November. All the candidates are outstanding so CILIP wins every which way. CILIP members play a vital role in the process by voting and helping to shape CILIP’s future.

Welcoming Carol Tullo to NKCC

NKCC is delighted to have appointed Carol Tullo as its first Non Executive Advisor to provide oversight of the plans for business development. As Non-Exec Advisor, Carol will review and appraise the overall strategy and performance of NKCC’s development plan, and also support and help shape future plans and initiatives.

Carol has a career background in intellectual property practice and commercial law publishing with Thomson Reuters before she joined the Cabinet Office and The National Archives. She led information policy and management responsibilities within the open data and information regulatory space across government. Carol has a track record of Information assurance, security and governance as she steered the shift away from paper to digital records.

She was, until July 2017, Director of Information Policy and Services, The National Archives. Carol was responsible for providing leadership in information management and policy across government and the wider public sector to improve the way information is managed and exploited to deliver real benefit for all that use and access this valuable resource. As Controller of Her Majesty’s Stationery Office, Queen’s Printer of Acts of Parliament, Queen’s Printer for Scotland, and Government Printer for Northern Ireland, she delivered UK wide official publishing including legislation. carol-tullo

Licensing Our Heritage

Anne Buky, Licensing Consultant and NKCC Associate, looks at how museums and heritage organisations have developed strong brand licensing programmes.

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(c) IWM

Working with museums and heritage organisations is an immense privilege. When asked why I do so it is not hard to find the answers – breath-taking collections, beautiful buildings, experts with encyclopaedic knowledge and people who are committed to preserving and enhancing a heritage in which the UK is the world leader. And such an incredible and diverse heritage – from dinosaur bones millions of years old;  to paintings worth millions of pounds,  pilot’s notebooks written during the Battle of Britain, jewels worn by the Queen, Shakespeare’s gold signet ring, sculptures by world masters, record breaking trains and cars  – the list of course is endless – all of life is here.

The museum and heritage sector has changed out of all recognition in the way that it presents its collections.  Bright, interesting displays, immersive experiences and record-breaking exhibitions all show that great efforts have been made to explain the collections to a diverse audience.  And judging by the excited queues of visitors during the holiday period, these efforts have clearly paid off.

Developing Brands

In tandem with developing their content, Museums have also made strides in commercialising their brands and raising income through activities such as retail and brand licensing. Sometimes this has come about because funding from government, local authorities and other sources of income has been curtailed and it is has become necessary to develop other income streams. But the heritage sector itself has recognised the great interest and value that its brands and collections have and have made every effort to ensure that these brands are offered to the wider world.   It is not always an easy path.  Whereas the retail offer in a museum is driven by the visitors and specialist audiences, and bespoke products can be created for these audiences, licensed products have to appeal to the mass market which sometimes has different priorities. Brand Licensing is a large industry and in LIMA’s most recent figures of how the industry is divided, the not-for-profit sector occupies less than 1% of the total. Potential licensees are more familiar with, and more attracted to the ‘easy’ options of film and TV offers, fashion brands, sport and lifestyle etc.

Significantly, larger museums such as the V & A, Natural History Museum and the Science Museum and larger organisations such as The Royal Horticultural Society and the National Trust have resources to develop their licensing programmes. They have created strong programmes with clear messages. However, developing a strong programme is not only about resources. Museums with fewer resources or more difficult subject matter, such as the Imperial War Museum and the William Morris Gallery, have found their niche by playing to their strengths. Historic Royal Palaces have inspired Hobbs to create several ranges based on the fabric of their buildings. Sir John Soane’s Museum, a small yet iconic museum in Lincoln’s Inn Fields, London,  based on one man’s personal collection,  has inspired no less a brand than Dr Martens to create special boots, inspired by William Hogarth’s series The Rake’s Progress in their collection – how marvellous is that!

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(c) Sir John Soane Museum

Challenges ahead

The challenge for the heritage sector is to find licensees who understand the organisation and the cause and are happy to go a little further than usual delving into archives and developing products ideally that work well in both markets.  Museums help licensees in the following ways by:

  1. Developing a clear strong brand, understandable to all.
  2. Showing the ‘core purpose’. Museums, both large and small, have thousands, and in many cases millions, of artefacts and images – it is sometimes difficult for a licensee to know where to start in terms of developing products.  But museums that have identified the core purpose – the one thing that is recognised above all, can start with developing products around that idea before moving on.  For example Imperial War Museums (IWM) has 11 million photographs – an astonishing amount, but it is best known for its objects – in particular its Spitfires.  It also hosts popular air shows at its branch at Duxford – where Spitfires often feature.  The retail team at IWM know that anything with a Spitfire sells, and this is mirrored in the wider world where the authenticity of the brand helps retail sales.
  3. Exhibitions – Strong exhibitions are the lifeblood of museums and can bring in new audiences. Exhibitions can also bring in new licensees, as they see for the first time the opportunities that may be obtained, and a new audience or a new style. The V & A has been a trailblazer with its exhibition programme – queues around the building, evening openings and a superb retail offer mirrored in its licensing programme.
  4. Anniversaries – in the heritage world we are blessed with many historical anniversaries. By the nature of its subject matter IWM has several anniversaries a year – the challenge sometimes is to choose the most appropriate. Anniversaries can be a great bonus and licensees can be excited by the prospect of an event that will cause an increase in sales and interest.  However one must be cautious as well.  The anniversary of the start of the First World War (2014) has come and gone – it caused a spike in licensing activity – but the challenge is to grow a programme naturally so that it is not dependent on one-off dates. Luckily for IWM wars last quite a long time – and they are now looking at renewed activity geared to the end of the First World War in 2018, demonstrated in Remembrance and Legacy.
  5. Publicity – here the heritage sector struggles the most. The licensing world thrives on publicity and good news stories.  But with tight budgets and in many cases the use of public money, museums can only dream of the kind of publicity generated by the film and TV studios.  Each advertisement must be assessed and every PR campaign measured – it is difficult to get heard above the clamour, literally, of the big licensors.  At Brand Licensing Europe in October on the first floor where museums and brands are placed there is a quiet oasis above the hubbub below.

Taking all this into consideration, museums and heritage organisations punch above their weight in the licensing world.  There is much to be done and also much more to be discovered by licensees and retailers alike and benefits for all to be shared.

Text: (c) Anne Buky, 2017. All Rights Reserved.

 

 

NKCC Training Schedule Autumn 2017

In partnership with our partners – Content Clear, NKCC is  delighted to announce our copyright and GDPR training schedule for Autumn 2017. More courses will be added.

Sept        
  28th Legal Libraries Ark Wilmington https://www.ark-group.com/event/legal-libraries-2017#.WW3qZoQrJQI
  28th Copyright Law Event MBL http://www.mblseminars.com/8738
Oct        
  11th Copyright and Archives UCL Archives Contact naomi@naomikorn.com

for further information

  12th DP/GDPR for Schools RTA, Ringwood Academy https://rta-training.co.uk/
  13th GDPR for museums Council Assembly Rooms, Eastbourne Contact naomi@naomikorn.com

for further information

  17th Copyright and the Law (Museums) Museums Development NorthWest https://www.eventbrite.co.uk/o/museum-development-north-west-2195377819
  18th DP and the Law (Museums) Museums Development NorthWest https://www.eventbrite.co.uk/o/museum-development-north-west-2195377819
  31st GDPR for Museums (half day) Museum Development London https://www.museumoflondon.org.uk/application/files/2915/0235/8104/data-protection-course-outline.pdf
Nov        
  1st GDPR for Charities  Workshop RTA, London https://rta-training.co.uk/
  9th GDPR for Museums Workshop SE Museums http://southeastmuseums.org/
  13th GDPR and Information Law (half day) CILIP, London https://www.cilip.org.uk/about/special-interest-groups/knowledge-information-management-group
  22nd Prosper IP Masterclass: Identifying and Monetising your IP Digital Media Center Barnsley https://www.eventbrite.co.uk/e/prosper-masterclass-identifying-and-monetising-your-assets-and-ip-tickets-36547170571
  23th Curating the Archive: copyright (half day) Whitechapel, London http://www.whitechapelgallery.org/events/curating-the-archive/
Dec        
  1st DP/GDPR for Schools RTA, London https://rta-training.co.uk/
  8th GDPR Workshop (half day) Museums Association, London tbc
Feb        
  7th Prosper IP Masterclass: Identifying and Monetising your IP Somerset House, London https://www.eventbrite.co.uk/e/prosper-masterclass-identifying-and-monetising-your-assets-and-ip-tickets–37331211659
 

 

Why Were There No Copyright Laws in the Roman Empire?

A guest blog by Valeriya Leonteva 

The Roman Empire is famed for classics which are still central to our society: The Odyssey, the Aeneid, Metamorphoses, and so many others. Many of these works were produced during a period of time that has been called the Golden Age of Latin literature. This ‘Golden Age’ was between 81 BC and AD 17. It is interesting that despite the success of these authors, there had not been an attempt to introduce some form of payment for the copying of their texts. A case by Mary Beard made in the NY Times even suggests that copyright laws were crucial to the prosperity of authors, without which they failed to profit from their own works. This seems difficult to believe given the high status of some classical writers today.

How did the book industry work in the Roman Empire?

The Roman Empire had a prosperous book trade.  The first Roman publishers emerged during the first century BC. These were not publishers in the modern sense but those people who organised teams of slaves to copy books on their behalf. Book merchants paid slaves to copy out manuscripts which were sold in shops. Due to the lack of copyright law, book merchants did not have to pay to copy out texts. However, copying by those other than professional booksellers was rare.

Was there a need for copyright law?

Some Romans were avid readers: by the 4th century AD, Rome had 28 large libraries where citizens could go and read books free of charge. One of the main streets leading up to the Roman Forum was called the argiletum (according to some accounts, the name was derived from the name of a Greek scoundrel) and was comprised of many bookshops. These suggest a demand for books in large quantities, and certainly some would have had to be copied several times in order to fill the shelves of these libraries and bookshops. Martial (Marcus Valerius Martialis, Roman poet) complains about this very issue:

“My book is thumbed by our soldiers posted overseas, and even in Britain people quote my words. What’s the point? I don’t make a penny from it.”

Why were copyright laws not established?

Unfortunately for the authors themselves, producing copies of their works was an expensive practice. Copying texts was so expensive that an added cost would have discouraged the practice. This is because a team of highly skilled, literate slaves was needed. These were not conventional slaves – they fulfilled job roles which are regarded highly in our own society, such as accountants or physicians. Of course, there were also slaves who fulfilled manual tasks, and life for them was painfully difficult. However, maintaining skilled slaves could be expensive because they were allowed to earn their own money, as well as needing food and shelter. According to Albrecht Dihle, a highly regarded German historian of the antiquity, many literate slaves who were freed went on to write their own histories, such as Phlegon of Tralles and Trogus Pompeius. It was rare for a slave to be freed because it was typically done when they were able to earn enough money to buy their freedom, and unlike the period prior to the American Civil War which saw some slaves buying freedom, this was restricted to skilled slaves.

Therefore, anyone copying books would have had to pay much the same expense as a professional publisher today. Roman book sellers would sometimes pay a well-regarded author for first access to a text, but they had no exclusive rights to a work and authors were not normally paid anything for their work, no matter how widely it was circulated.

Additionally, there was another reason which may have deterred the development of copyright law: the existence of the servus publicus. This literally translates to ‘public slave’, and these slaves worked in magistrates’ offices, pontifical offices and temples. Those slaves working in temples would have had to copy scripts and texts by famous authors, especially if they were working in the public libraries discussed earlier. This means that the state would have had a reason to deter the development of copyright laws, in order to avoid paying authors.

It wasn’t all bad

Despite the lack of money, authors did have a lot of prestige. They often gained fame from winning prizes and participating in public events. Moreover, it was possible for authors to acquire patrons, who paid them to produce works. Patronage was widespread across many periods of history, particularly in the middle ages and the Renaissance. The idea was that wealthy kings, noblemen, clergy (or anyone lucky enough to possess significant wealth) would pay an artist, musician or writer to produce works which would reflect well on them by promoting their family, establishment or name. Famous patrons from other periods of history included Henry VIII, Elizabeth I and the Medici family. Their fame and prestige meant that many Roman authors profited from their works in other ways.

Find out more about copyright law today here: https://www.ark-group.com/event/legal-libraries-2017#.WXm9UITyvIU

References:

(c) Valeriya Leonteva, 2017. All Rights Reserved.