version dated August 5, 1997
AMICO will distribute
its library to the educational community insofar as possible through
existing data distributors such as library networks, community networks,
and government agencies which would:
6.1. market products,
making them known to potential licensees;
6.2. train licensee
representatives, to make the educational products available to end-users
in a way that permits them to take advantage of its features;
6.3. provide user
support and documentation to enable thorough exploitation of the
6.4. collect license
fees and manage the administration of license terms;
6.5. provide security
for the data and monitor violations on behalf of AMICO;
6.6. report to
AMICO on use and any known miss-use of the products, according to
guidelines established in their contracts;
6.7. deliver reliable
telecommunications to end-users;
6.8. add value
on the front end to integrate with their other products and enter
into contracts with AMICO to return added-value to AMICO museum
members and allow its incorporation into future distributions.
- 1. Purpose and
- See the Operational
Model for a representation of the relationships between AMICO Members,
AMICO, the Library, Products, Distributors and Users.
- 2. Museum Educational
- In defining educational
products and offering a license to its library of art and documentation,
AMICO is guided by the contribution its collective action can make
to the realization of the mission of member museums to make known
works and context which might otherwise not be known, provide authoritative
content, encourage scholarly study and critique including accommodating
conflicting interpretations, build partnerships with schools at
all levels and enhance their own educational outreach beyond schools
- 3. Users and User
- Products offered
will be developed with user needs in mind to overcome current barriers
to licensing digital content. For example, in higher education there
have been these barriers:
- 3.1. Barriers
to Licensing Digital Content
- Major barriers
to using digital content include the difficulty of identifying
licensable properties, the transaction costs to licensees, the
limitations imposed by licenses on what are often normal academic
uses and the costs to licensers of processing requests.
and students would be best served by a searchable catalog
of works (including detailed documentation and thumbnail
images) that is available on their campus networks, in a
format compatible with library cataloging systems and standard
remote access methods.
- Too many
resources require dedicated hardware and software, and are
delivered within proprietary environments. The AMICO catalog
will be consistent with library interoperability and metadata
Campus Network Availability
and students need to have the full content of works, including
if necessary rich image files, available to them on their
campus networks without the technical limitations imposed
by downloading from the Internet or the time constraints
of ordering them from a remote source. The AMICO Library
and/or subsets ordered by subscribers will be made available
for campus network mounting.
Demand for a Critical Mass of Educational Content
programs draw on works fro a number of different museum
collections. One stop shopping for rights to use content
in educational programs cannot be provided by individual
museums. A comprehensive catalog, that includes works from
many museums, has more value.
users need a single cost-effective way to acquire licenses
for all art required for educational use. If individual
museums provide content, no matter how easy it is to use,
and users still need to go to other places for other museumsÍ
collections, the purpose will be defeated.
- 3.2. User Needs
institutions should be seen as partners, rather than consumers.
Universities, schools and museums share an interest in the protection
of intellectual property and continuity of access to licensed
resources. Users should be consulted regarding the nature and
scope of AMICOÍs product development plans.
Feedback Enabled Products
- One of
the potential benefits of membership in AMICO, beyond access
to the shared Library, is that museums could engage scholars
in research on their collections and involve school educators
in interpretations for different age and interest groups.
Encourage Information Flow From Licensees
for scholars in universities to comment to museum personnel
on the works in the Library and for school educators to
museum educators to exchange interpretations and presentations
should be deployed to enhance the value of The AMICO Library
to licensers and licensees.
Accommodate Educational Uses
- To the
extent possible licenses should accommodate routine educational
uses and enable and enhance current research and teaching
Mutually Developed Licenses
- A collaborative
process including consultation with focus groups should
be employed to evolve the most mutually satisfactory license
terms and involve the licensees as partners.
Mutual Assurance of Security
of museum intellectual property is one of the primary purposes
of licensing. Achieving as secure an environment for access
to rich digital data from museums as possible is a goal
of the AMICO.
should be developed to enable users to work with AMICO museums
in collaborative efforts to enhance and expand The AMICO Library
- 4. Licenses
- License terms
will be guided by the AMICO member museums' educational goals. Wherever
possible, licenses will be written that enable a full range of uses
- 4.1. Shared
- The following
assumptions will guide the development of licenses offered by
Enabling broad educational uses
and students would benefit from a license to use the content
for any educational purposes, without having to negotiate
for rights or limit themselves to Fair Use. AMICO licenses
will accommodate the broadest educational uses, and offer
rights beyond Fair Use, that enable a full range of curricular
Encouraging Increased Use
use should not effect costs. Educational markets are particularly
sensitive to metered use because if they succeed in making
a resource essential to students metered resources will
increase the costs either to the institution or students.
- 4.2. License
- Only terms
and conditions approved by the Board, can be offered to prospective
licensees of The AMICO Library. Founding members will determine
the appropriate approval procedure.
Licenses may be to the entire Library or to a specific
- Some products
will include all data documenting a work and others may
include only some.
Licenses may require that a minimum set of data accompany
the importance to museums of proper attribution and credit,
licensees may be required to display specified data with
works or in specified ways, at all times.
Licensed products may augment the data provided by the individual
- Value added
information may be generated by AMICO, and/or its distributors,
as approved in product plans surrounding each license and
approved by the Board. Such data will be returned to the
museums and, when possible, licensed in subsequent AMICO
Licenses will accommodate educational users
terms will be defined in consultation with users, and will
be written to respect user needs.
- 4.3. Different
Licenses Will Be Offered By AMICO
- Each license
may have different terms and conditions, prices, support structures,
distribution methods, etc., as deemed appropriate for the use
and market. Differing fees may be charged for the same licensed
use, depending on the uses and market. These include:
College and University Educational Use
- This license
framework has already been drafted; see Agreement II-I:
Framework for a License Agreement for the University Educational
Use of Museum Digital Content.
- A license
to support a full range of museum uses, including those
AMICO members desire to make, has been drafted, see Agreement
II-2 Framework for a License Agreement for Museum Educational
Use of Museum Digital Content.
Public Library Uses
will have to be developed for both Reference Use and Program
Use. Library delivery of materials through the Internet
will need to be considered.
Kindergarten through Grade 12 Use
will need to be developed for State Educational Authorities,
School Boards and Individual schoolsÜboth public and private.
Other Cultural Agencies
- AMICO Inc.
will explore educational licensing to other cultural agencies
and non-degree granting institutions, such as Art Centers,
Cultural Centers, Senior Citizens Homes, Community Recreation
Centers. Licenses will be developed if responsible licensing
institutions and means of distribution can be identified.
- 4.4. AMICO
Members License The Library
- AMICO members
will have access to the Library under the terms of any license
offered by the consortium. If necessary, new licenses will be
developed to cover membersÍ desired uses.
- 4.5. License
- Fees charged
for the use of AMICO Products will be calculated based on AMICOÍs
costs, and should not be considered by users to be exceptional
- 4.6. Enforcing
- Penalties for
violating license agreements should be clearly stated and strongly
enforced. Licensees should be responsible for reporting known
violations and acting upon them.
AMICO Acts Against Infringers
should act against both individual and institutional violators,
suspending licenses and resorting to legal action as necessary.
Involve Licensees in Maintaining Terms
- While technical
means of protecting, and especially of watermarking, intellectual
property will be investigated, the mutual interests of licensees
and AMICO member museums make institutional policies and
practices on the part of the licensees the strongest possible
security guarantors. Licensees should report security practices
Require Action Against Infringing Individuals at Licensed
institutions should agree to act against individual violators
of the licenses.
- 5. Educational
- Licenses will be
offered to different portions and combinations of The AMICO Library,
based on market and user needs analysis.
- 5.1. Shared
Assumptions regarding the Value of AMICO Library
- Enabling access
to authoritative data from museums involves its value-added
collation, editing and the provision of integrated cataloging.
- High quality
images are desirable for research and teaching.
documentation, including authority controlled personal names,
place names, and art terminology which will support the
most productive use of the Library.
- The scholarly
source of information is critical to its assessment. The
AMICO Library will show attribution and identify the authority
of those contributing or interpreting documentation.
Deliver detailed data and interpretation
- The AMICO
Library will support rich documentation, and establish a
minimum standard far beyond that of the commercial market
place of image libraries in order to set its product apart
and make it most appealing to educational users.
Discourse Enabled Products
is enhanced in environments that permit the discussion of
disputed ideas and the exploration of connections. . AMICO
will pursue the incorporation of feedback tools in its educational
products with its distributors..
Preserve Nuance in Data and Discourse
structures which record disputed facts and claims, attribute
ideas should be developed by AMICO.
Standards based data and technologies
- AMICO will
invest in open, standards based technology solutions to
enable the broadest use.
Use Enabled Products
- AMICO data
may be licensed together with tools to enhance educational
uses, such a enhancing presentation and display, assisting
in data analysis, or enabling discourse between users, teachers,
and content holders. These tools may be developed by distributors
and users and licensed back through AMICO to other licensees.
Integration with other Resources
- AMICO should
not simply aim to provide one catalog, but also ensure that
The AMICO Library can be interfaced with the university
library and with reference tools that support scholarly
- 5.2. Products
offered by AMICO
- AMICO will
offer a number of products, each tailored for a particular user
Types of Products
products offered by AMICO Inc. will include: 126.96.36.199. The
catalog of the Library, which will be made publicly available
together with thumbnail images of works. Tools associated
with this catalog will enable licensees to obtain full data
on a work and non-licensees to inquire directly to the museum
about rights to use the work or to obtain reproductions.
The Full Library, available through AMICO and its distributors,
under terms of access established by each distributor and
approved by AMICO
Subsets of the Library, as authorized by the AMICO Board.
These subset may be formed on the basis of theme or subject
content, or on the basis of the depth of data provided.
The AMICO Library or its subsets, 'bundled' together with
New Product Development
- A reasonable
approach will be taken to new product development, so as
not to overburden the Consortium or its members.
Defined by the Board
to develop products from The AMICO Library will be approved
by the Board.
Content of Products May Vary
products may be made up of contributions from some or
all member museums. AMICO will not develop a product
based solely on the collection of one museum, although
if members approve, it could offer a license which included
products made by one member museum..
Products will be developed on a reasonable schedule
and with realistic timelines and budgets. Each should
have a defined testing phase.
Distributor Role in Product Offering and Planning
authorized by AMICO Inc. will be offered through its
distributors and distributors will be encouraged to
propose new product plans.
& Museum Informatics, the Art Museum Network and the Association of
Art Museum Directors
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