ABSTRACT
While the process of preserving cultural expressions through digitization is experienced overall as a laudable development, it has also raised several challenges. Tensions have arisen in particular between copyright holders’ exclusive rights to authorize any reproduction and making available to the public of the copyright work on the one hand, and the digitization projects by cultural heritage institutions (CHI) on the other hand. In order to utilize and manage cultural resources effectively, legal certainty is required as to which activities of digitization will need authorization by the right holder and which fall outside of copyright protection.
This chapter focuses on the EU copyright framework relevant for the digitization of cultural heritage, with particular attention to Germany and the Netherlands where the national context is relevant, such as national exceptions. As diverse CHIs engage in digitization efforts, I distinguish 1) which institutions engage in 2) which types of digitization efforts and for 3) which types of works. On the basis of specific examples, the chapter presents the legal assessment of EU copyright law, how it covers digitization activities and which exceptions institutions may benefit from.
Moerland, Anke, Copyright Implications of Digitizing Cultural Heritage (July 14, 2022), in Melin, P, Schoenmaekers, S, Carrera, S and Michielsen, Y (eds), The Art of Moving Borders – Liber Amicorum Hildegard Schneider (Maastricht Law Series, Volume 25), Eleven Publishing, pp 475-501.
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