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In this chapter, we examine how intellectual property (IP) engages with business models. Business models are conceptual devices constituting and framing the process through which things become assets or objects of investment, elaborating the mechanisms of value creation and delivery and the appropriation of such value through strategic means. Changes in the patterns of production, distribution and consumption in the wake of continued digitisation have come to challenge established value-generating logics. The heterogenic character of the Creative Industries implies a multitude of business models at play which escapes the rhetoric of universalities, reflecting locally defined understandings and practices of value creation and appropriation. Some of these variations are considered in this chapter.

This chapter outlines the legal framework of copyright and performers’ rights enforced in the UK, with reference to EU regulations where relevant. To this end, it reviews the various conditions for protection in relation to both types of rights today, and retraces some of main developments the intellectual property system endured to adapt to new technologies. The chapter concludes this overview by critically engaging with the distinction placed by intellectual property law between authors and performers which could be perceived as one of the most archaic features of the framework.

From the perspective of a museum professional, this chapter explores the daily challenges and opportunities which copyright can pose. The chapter discusses the challenges of display, social media, digital surrogates, co-ownership, 3-D printing, manipulation and re-mixing images of works of art. Particular reference is made to fair use, orphan works, the public domain, licensing and users rights. Equally important is the sharing of professional best practices, and the chapter discusses the valuable contributions made by the Robert Rauschenberg Foundation’s Fair Use Policy Statement and Codes such as the College Art Association’s Code of Best Practices in Fair Use for the Visual Arts. Throughout the focus is on how best, and perhaps most creatively, to manage legal risk and uncertainty in service of the aims of museums – the cathedrals of our era – in acquiring, conserving and communicating humanity’s heritage for education, study and enjoyment.