Research

Revisiting Access to Cultural Heritage in the Public Domain: EU and International Developments

Type: Journal Article
Author
Andrea Wallace, Ellen Euler
Description
This article analyses intellectual property rights in reproduction media generated around public domain works through key case law and legislative instruments, namely Article 14 of the Copyright and the Digital Single Market Directive and recast Open Data Directive. It also sets out recommendations for Member States and cultural heritage institutions to satisfy open access goals.
Date
2020 July 28
Abstract
The abstract provided by the author(s) of this work is as follows: In the past year, a number of legal developments have accelerated discussions around whether intellectual property rights can be claimed in materials generated during the reproduction of public domain works. This article analyses those developments, focusing on the 2018 German Federal Supreme Court decision Museumsfotos, Art. 14 of the 2019 Copyright and Related Rights in the Digital Single Market Directive, and relevant provisions of the 2019 Open Data and the Re-use of Public Sector Information Directive. It reveals that despite the growing consensus for protecting the public domain, there is a lack of practical guidance throughout the EU in legislation, jurisprudence, and literature on what reproduction media might attract new intellectual property rights, from scans to photography to 3D data. This leaves ample room for copyright to be claimed in reproduction materials produced by new technologies. Moreover, owners remain able to impose other restrictive measures around public domain works and data, like onsite photography bans, website terms and conditions, and exclusive arrangements with third parties. This article maps out these various legal gaps. It argues the pro-open culture spirit of the EU Directives should be embraced and provides guidance for Member States and heritage institutions around national implementation.
Publisher
Springer
Institution
Max Planck Institute for Innovation and Competition
Journal Title
IIC - International Review of Intellectual Property and Competition Law
Volume
51
Issue Number
7
Pages (from-to)
823-855
ISSN
2195-0237
Jurisdiction
United States, European Union, Germany, United Kingdom
Language
ENG
Size
32 pp.
Copyright Information
In Copyright
Rights and Reuse
CC BY 4.0
DOI
https://doi.org/10.1007/s40319-020-00961-8
Cortex Citation:
Andrea Wallace and Ellen Euler, “Revisiting Access to Cultural Heritage in the Public Domain: EU and International Developments,” Copyright Cortex, accessed May 14, 2021, https://copyrightcortex.org/research/revisiting-access-to-cultural-heritage-in-the-public-domain-eu-international-developments.