Canada’s Art Collection: Limited Online Access Sparks Debate

Access to Canada’s extensive national art collection remains limited, with only a fraction of the works available online. The National Gallery of Canada, which houses over 87,000 pieces, provides digital images for just 15,000, or about one-fifth of its entire collection. This situation, according to experts, highlights the challenges posed by restrictive and ambiguous copyright laws that deter public institutions from expanding their digital offerings.

For Canadians living far from the capital, accessing works by notable artists such as Doris McCarthy and Wanda Koop often requires a trip to Ottawa. Simon Bentley, a Toronto art dealer and owner of Simon Bentley Fine Art, emphasized the importance of making these collections available to the public. “To expect someone from Vancouver to fly to Ottawa to see any of our Doris McCarthys or any of our Wanda Koops… that doesn’t make any sense. We’re in the digital age,” he stated.

A search of the National Gallery’s database reveals the existence of works by these artists but without accompanying digital images. Bentley argues that publicly owned art should be publicly visible, suggesting that the necessity for museums to pay reproduction fees for online images diverts funding away from the arts and restricts the amount of content available online.

The National Gallery responded to these concerns, stating that copyright ownership belongs to the artists and their estates under the Copyright Act. The gallery incurs reproduction fees for displaying works online, with federal law mandating that some fees are negotiated through artists’ associations such as Canadian Artists’ Representation, known by its bilingual acronym CARFAC. The gallery is currently renegotiating agreements to enhance digital access, aiming to make its entire collection available online, according to José-Britanie Mallet, a senior officer of public relations.

Copyright Challenges and Institutional Caution

The issue of copyright has become a focal point in discussions about digital access to art. Some copyright experts argue that the law may allow for more flexibility than institutions believe, but the uncertainty surrounding its application has made publicly funded museums cautious. Carys Craig, a professor of intellectual property law at York University in Toronto, noted that Canadian law includes “fair dealing” provisions allowing certain uses without permission, including research, private study, and news reporting.

Craig explained that fair dealing requires a case-by-case assessment of whether a particular use is “fair,” and the law does not explicitly address the posting of large numbers of digital images by museums. “The difficulty is, it’s not clear what they’re able to do without explicit permission,” she said. This ambiguity often leads institutions to seek permission rather than risk potential infringement.

In contrast, the National Gallery in the UK provides online images for nearly all works in its collection of about 2,300 paintings. Craig pointed out that other countries have clarified their policies regarding digital access to publicly funded cultural institutions. “The U.K. explicitly turned their attention to this and looked specifically at what the galleries and archives could do,” she remarked.

Future of Digital Access in Canadian Museums

The lack of a comprehensive policy decision in Canada regarding digital access has been a point of contention. Craig suggested that Parliament could take steps to clarify the law, allowing the use of thumbnail and digital images to inform the public about museum collections. “This is a matter for Canadian cultural policy, and copyright law is a cultural policy tool,” she noted. “There is no reason we should tolerate a copyright system that prevents us from managing our cultural heritage effectively.”

The Canadian Museums Association, which represents museums across the country, indicated that digitization policies are generally determined by individual institutions. According to Rebecca MacKenzie, the association’s communications director, large institutions like the National Gallery of Canada have robust internal processes that guide their work. She added that the CMA does not provide explicit guidance on digitization but is looking to address the issue in an upcoming update to its ethical guidelines.

As Canada grapples with these copyright issues, the conversation surrounding digital access to its national art collection continues to evolve. The need for clear policies and guidelines remains critical to ensuring that Canadians can engage with their cultural heritage without unnecessary barriers.