Canada’s extensive art collection, valued in the billions, faces limited online visibility due to strict and ambiguous copyright laws. The National Gallery of Canada houses over 87,000 artworks, yet only about 15,000 have digital images accessible online. This disparity forces art enthusiasts outside Ottawa to physically visit the gallery for viewing.
Simon Bentley, an art dealer from Toronto, emphasizes the importance of making nationally owned art collections publicly accessible. He criticizes the current system that requires individuals to travel to Ottawa to view works by artists like Doris McCarthy and Wanda Koop. Bentley argues that in the digital era, publicly funded art should be readily available online.
The National Gallery states that copyright ownership lies with artists and their estates under the Copyright Act, necessitating payment of reproduction fees for displaying works online. The institution is in the process of renegotiating agreements with entities like the Canadian Artists’ Representation to enhance digital accessibility, aiming to eventually showcase the entire collection online.
Copyright experts suggest that current laws may offer more flexibility than institutions realize, citing “fair dealing” provisions that permit certain uses without explicit permission. However, the lack of clarity on digital image postings has made publicly funded museums cautious about online collection sharing, contrasting with practices in countries like the U.K., where greater digital access to cultural institutions is permitted.
Calls for Parliament to clarify laws to enable the use of thumbnail and digital images to educate the public on museum collections have been made. The Canadian Museums Association notes that digitization policies are typically determined by individual institutions, with plans to address the matter in future updates to ethical guidelines.
