Author's Right, Copyright and Free Licenses for Culture on the Web/Web Tools/Instant Messaging
90. What is instant messaging (chat)? What is an instant messaging channel?[edit | edit source]
It is an interactive interpersonal electronic communication service via mobile phone, tablet or personal computer, connected to the Internet, with which it is possible to exchange in real time with other connected users texts (e.g. news, surveys), images, audio, video, money, also usable in the form of groups or in the form of newsletters.
- Reference: "Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast)". EUR-Lex. Recital 17. Retrieved 2021-02-22.
91. What rules apply to instant messaging?[edit | edit source]
The rules are those provided both by domestic (of the user's country of residence or domicile) and European Union legislation on electronic communications, and by the contractual ones different for each provider written in the general terms and conditions of the service.
- Reference: "Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast)". EUR-Lex. Recital 17. Retrieved 2021-02-22.
92. May I freely open an instant messaging channel for the cultural institution I work for or do I have to agree with it on methods, contents and topics?[edit | edit source]
Before opening an instant messaging channel, you need to check if your employment or consulting contract allows it. If so, but as often happens a contract is generic, it is advisable to agree with the cultural institution (employer or client) methods, contents and topics.
[edit | edit source]
Before sharing content of any kind, it is advisable to first check if there is a copyright and who is the author, then if the author has consented to free sharing and therefore circulation or if he/she agrees, under what terms and conditions (e.g. mention of photo copyright, so-called credit).
94. In what form (written or oral) must this consent be obtained?[edit | edit source]
It is advisable to receive the consent of the copyright holder in writing without any particular formalities (e.g. also via email). The oral form does not allow those who use the contents to prove that they have received their consent, in the event of a dispute, and can always be revoked orally and therefore always without being able to prove that they have received the revocation itself.
95. May I freely upload content found on the Internet or from third parties without first asking for consent?[edit | edit source]
It is allowed if consent has been obtained from the copyright owner or on the basis of standard licenses such as those of Creative Commons. It is not allowed to upload or download works, however, without the consent of the rights holders, as very often happens on "file sharing" platforms and peer-to-peer sharing. For reproductions of this type it is not allowed to invoke the application of the exception of the "private copy" (e.g. the copy made for personal non-profit purposes), since this exception is reserved for those who have acquired the original or have had access the work legitimately, or with the authorization or license of the rights holders. The type of technology used or the fact that only parts of the work are reproduced is irrelevant, as these parts themselves are also protected by copyright. In this regard, the principles of the GDPR (General Data Protection Regulation) must also be kept in mind, which however is beyond the scope of the work carried out here.
96. What if the author is not identifiable or does not respond to the request for consent?[edit | edit source]
In both cases, it does not mean that the protected work or content is free to use, nor that the deadline required by law for the author or his/her heirs to claim copyright or economically exploit such work or content or the work has expired, or the content is not creative. Before using, sharing or publishing this work and/or content, it is therefore advisable to consult free public databases to identify legal creative content or the ownership of third party rights on the Internet: for example, the European portal Agorateka, divided into six sections constantly updated (e-books, films, video games, specialized publishing, TV and music) or websites of the Italian Patent and Trademark Office (UIBM) and the European Intellectual Property Office (EUIPO). If, despite all efforts, the authors are not identifiable or the author does not respond to the request for consent, it is advisable to mention the author and the source. If, despite the mention of the author and source, you receive a request to take down the content, it is advisable to make a copy of the page containing the mention of the author and source, and take down, as requested by the author or the heirs or the licensees, such work or content.
Author's Right, Copyright and Free Licenses for Culture on the Web
Introduction to the FAQs •
I – Definitions
II – Types of Content (Photographs •
2D-3D Reproductions •
Texts •
Databases •
Open Data •
Audio Content)
III – Web Tools (Podcast and Webinar •
Sharing •
Websites •
Domain Name •
App •
Social Network •
Instant Messaging)
IV – Licenses and Reuse (Data and Licenses •
Images of Cultural Goods in Public Domain •
Open Access and License)
V – Problems and Solutions (Infringements •
Contracts and Consents •
Legal Notices •
Exceptions)