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The protection of cultural heritage by copyright and related rights

Torremans, Paul

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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.

Citation

Torremans, P. (2025). The protection of cultural heritage by copyright and related rights. In Research Handbook on Intellectual Property and Cultural Heritage (38--55). Edward Elgar Publishing. https://doi.org/10.4337/9781800376915.00009

Online Publication Date Jul 21, 2022
Publication Date Jul 21, 2025
Deposit Date Nov 11, 2022
Publicly Available Date Jan 17, 2025
Publisher Edward Elgar Publishing
Pages 38--55
Book Title Research Handbook on Intellectual Property and Cultural Heritage
Chapter Number 2
ISBN 9781800376908
DOI https://doi.org/10.4337/9781800376915.00009
Public URL https://nottingham-repository.worktribe.com/output/13463296
Publisher URL https://www.elgaronline.com/view/book/9781800376915/book-part-9781800376915-9.xml
Additional Information This is a draft chapter. The final version is available in Research Handbook on Intellectual Property and Cultural Heritage, edited by Irini Stamatoud, published in 2022, Edward Elgar Publishing, https://doi.org/10.4337/9781800376915

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