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 by and through the funding; it does not retroactively apply to projects beginning prior to September 2020 or to pre-existing media that is incorporated into a project.

The Wellcome Collection maintains an open access policy for funded research that primarily addresses scientific research data, academic publications, software and code, and other scholarly outputs. Wellcome also specifically prohibits spending funding on image fees and directs users to GLAMs with high quality images that can be downloaded and reused for free. In addition to Wellcome Images, these include the National Gallery of Art, J. Paul Getty Institute and Yale Center for British Art, which are located in the United States. Compliance guidance on any digitised archival images produced by the funding notifies users they should expect Wellcome to “exercise sufficient control over [any rights] to ensure that our public engagement aims are met”. With respect to its own digitised public domain collections, Wellcome releases images as CC0 and CC BY.

Based on the overlap in laws and the distribution of open GLAM instances, the United States and European Union (and its Member States) provide relatable relevant peers to the United Kingdom. More consistent authority in these jurisdictions correlates to greater open GLAM participation overall, and especially approaches that publish content to the public domain, at higher qualities and in greater volumes.

The prevailing opinion in the United States is that no new rights arise in faithful reproductions of both 2D and 3D works. This is informed by federal case law from 1998, 1999, 2008 and 2016. This premise has been increasingly embraced by US GLAMs, many of whom were early advocates for open access to cultural collections.

Many US GLAMs continue, however, to claim copyright in reproduction media. Even so, the United States has the strongest national showing of open GLAM participation and the use of public domain tools, rather than open licences, as discussed in Section 3.2 and Appendix 3.

US GLAMs rely on government funding sources, the private sector and earned income, which differs from the public funding models in place to support UK and EU GLAMs. Few US GLAMs are considered public institutions for this reason. One exception to this is the Smithsonian Institution, which as a group of public institutions receives around two-thirds of annual funding from public sources. In the US, the Smithsonian has contributed the largest volume of open collections to date, totalling 3,942,729 CC0 assets at the time of this writing.

The European Union has supported more than a decade of legislation and policies with similar aims. A 2011 Recommendation on the digitisation and online accessibility of cultural material and digital preservation promoted the principle that public domain materials should remain in the public

A Culture of Copyright