This analysis explores how museums perceive and manage exposure to legal risks, with a particular focus on copyright and intellectual property in the context of cultural heritage. These legal fears arise from a potential improper or unauthorized use of collection materials, often involving issues like copyright infringement when fulfilling their public interest mission (when organising onsite collections, creating educational materials or publications, building an online repository, providing data for external research or applying generative AI tools to improve searchability and discoverability of their works, etc.). Copyright issues permeate daily museum operations, from handling contemporary artworks and digital collections to dealing with older acquisitions where contractual rights were not regulated. While outright litigation is rare, the fear of infringement shapes institutional behaviour, fostering a climate of caution that often limits access and reuse initiatives. High-profile cases of rights violations, even if isolated, can generate long-lasting institutional anxiety, reinforcing the preference for certainty over innovation.
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New study: Navigating Legal Uncertainty in European Museums