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MUSEUM EXHIBITION VERSUS COPYRIGHT

Organisation of exhibitions from the point of view
of copyright (Act on Copyright and Related Rights of 4 Feb.
1994, further copyright) is a multifaceted issue. The analysis
conducted in the paper boils down to some selected aspects:
beginning with the right to display, through exhibition as a separate
copyrighted work, up to the exhibition author, namely
curator. When purchasing items for collections or acquiring
them on the ground of a loan contract, museums should make
sure the work can be exploited through public display. Such
agreement can be either expressed in the contract (rights or
licence transfer) or can be implicit (it can be then assumed that
non-exclusive licence with all its limitations has been transferred).
Furthermore, the construction of fair use from Art.
32.1 of Act on Copyright can be applicable. An issue apart is the question of exhibition as a separate copyrighted work.
It can be a co-authored work in the case when it combines creative
efforts of e.g. curator and author of the exhibition layout.
The article analyses exhibition understood as a collection
of exhibits selected and arranged following a script or
presented following a layout in order to fulfil the assumptions
of a derivative work (Art. 2 Act on Copyright) or a collection
(Art. 3 Act on Copyright). As a result of the assumption that
exhibition is a work, the curator becomes an author, thus will
have copyright to the created work. Depending on the formal
curator-museum relationship, the author’s economic rights
shall either be transferred to the museum (employee’s work,
specific-task contract with rights transfer or licence granting),
or shall exceptionally remain with the author.

