COPYRIGHT POLICY


Points Center for Contemporary Art ("PCCA") is an independent non-profit organisation initiated in 2017. It is devoted to the creation and recording of contemporary art and the promotion of contemporary art and culture. Through the course of its affairs PCCA has produced and collected a large body of relevant digital material which it describes, preserves, and makes available to the public at no cost via the Internet and physical library locations. PCCA holds these digital works but their respective creators or owners retain their copyright until the items lapse from copyright protection.

Because of the relatively short time period between the creation of the records and their retention at PCCA the majority of the collection is still covered by one or more copyrights. As an organisation that wishes to employ best practices, PCCA respects the rights of the copyright holder(s) and has a series of policies and procedures in place to ensure their rights are not infringed upon through PCCA's programmes and functions by others.

PCCA acknowledges that the creator, author or assignee of an original work retains the copyright for a fixed duration as set out in the applicable copyright law. These rights allow the owner to licence, grant, and restrict access to the work as well as the right to format the work across media including digitisation. For PCCA to make its collections available to the public it acknowledges it must do so subject to the terms of relevant copyright laws.

For works with no known copyright, or works where the rights holder(s) is untraceable (orphan works), PCCA will make best efforts to locate and clear any rights subsisting in the work. If these efforts do not result in the locating of the rights holder(s), PCCA will (in its sole discretion) decide if the work will be made available to the public and will bear the sole burden in the event of any claim of copyright infringement.

All deposited works, with known and traceable copyright holder(s), made available through PCCA's digital channels (website, applications, API, promotional materials) will have signed authorisations from the rights holder(s) giving PCCA the right to make these available. If PCCA is unable to obtain authorisation to make a work available online it will be restricted to access of the deposited work via PCCA's physical locations.

PCCA will not knowingly distribute, modify, or allow unauthorised access to copyrighted works in its collection without the authorisation of the rights holder(s).

Any requests for permission to access a copyrighted work by a third party beyond the existing PCCA authorisations will be referred back to the rights holder(s).

In the event of a reasonable complaint relating to the copyright subsisting in a work, PCCA will immediately remove the digital item from web-based access until it (in its sole discretion) has ascertained whether the copyright claim is valid based on documentary support provided to PCCA. If the copyright claim is deemed to be valid by PCCA, PCCA will either make best efforts to obtain permission to make the work available or restrict access to the deposited works on-site only. If PCCA deems the claim to be frivolous it will be in PCCA's sole decision to allow access to the work as well as the level of access tol be given to the work.

On the lapsing of the copyright protection PCCA will make the works available as in the public domain 'without copyright' protection. PCCA will not assert any copyright through the acts such as digitisation, migration across formats or platforms, or other 'sweat of the brow' measures which could create a new copyright in the work. Where a new copyright is justified, PCCA will licence such work under the appropriate Creative Commons licencing regime.