Copyright law challenges of preservation of "born-digital" digital content as cultural heritage


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Year of publication 2019
Type Article in Periodical
Magazine / Source European Journal of Law and Technology
MU Faculty or unit

Faculty of Law

Web Open access časopisu
Keywords copyright; exceptons and limitatons copyright; three-step test; digital cultural heritage; cultural heritage; cultural heritage insttutons; digital single market; out-ofcommerce work; orphan work; computer programs; video games
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Description The paper deals with the issues of preserving the copyrighted content that are born-digital by cultural heritage institutions within the EU. Firstly, the paper analyses relevant UNESCO documents that define cultural heritage, digital cultural heritage and intangible cultural heritage and discusses whether "born-digital" content could be included in one of these categories. Next, the copyright-relevant issues of digital cultural heritage preservation are analysed. Within the EU copyright law framework, the paper analyses the currently applicable copyright exceptions and demonstrates their limits on practical examples. Further, the paper discusses whether the "born-digital" content which is not currently preserved by institutionalised "brick-and-mortar" cultural heritage institutions can be legally preserved by private collectors and virtual heritage institutions. Lastly, the proposed Directive on Copyright in the Digital Single Market is analysed.
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