The protection of cultural heritage by copyright and related rights

Abstract

The DSM Directive preserves, on the one hand, the public domain, by restricting copyright in faithful reproductions of public domain works. On the other hand, there are copyright opportunities for digital art and non-fungible tokens. The Directive also creates opportunities for preservation and digitization for cultural heritage institutions. There are opportunities there that can be put to good and productive use in the interest of all parties involved. Extended collective licensing and measures for out-of-commerce works can also play a role here. And moral rights will not be a hindrance in that respect if industry standards of the digital era are observed. It is therefore important to continue and to strengthen the dialogue between the cultural heritage institution community on the one hand and the copyright and related rights community on the other hand.