Right of Way: Problems at the Intersection of Cultural Institutions and News Media under Copyright Law

Abstract

The mission of cultural institutions and news organizations can come into conflict as institutions seek to protect and promote their holdings while news media look to publish/broadcast/post stories about the same works. This article examines the controlling law that affects news media’s ability to make use of works and cultural institution’s rights to prevent the over exposure of the works that give those institutions value. Results of the study indicate the resolution of the conflicts is one that is decided on a case-by-case basis based on the relevant facts, competing equities and the application of both the specific language and intent of the Copyright Act.