Digitization of GLAM Collections and Copyright: Policy Paper

In: GRUR international: Journal of European and International IP Law, Band 71, Heft 5, S. 403-421

Abstract

Abstract
Copyright can be a major obstacle for cultural institutions regarding digitization and online accessibility, which ultimately leads to the under-exploitation of collections at the expense of society and to a need to support cultural heritage institutions with legislative and/or policy changes or at least clarifications. This contribution is a policy paper that aims to clarify the copyright law principles applicable to museum professionals dealing with digital cultural heritage worldwide, and to formulate policies to facilitate their digital activities. An initial version of this policy paper was published on a dedicated website and led to an international conference held in 2020 in Geneva. Although it is primarily addressed to museums, this policy paper may also serve as guidance to stakeholders in other areas dealing with digital cultural heritage, in particular Galleries, Libraries, Archives and Museums (GLAM). Part I proposes policies directed towards national and international policymakers. Parts II and III are directed towards cultural institutions, and set out a code of conduct that cultural institutions may follow when pursuing digitization and dissemination activities in order to comply with the actual state of the law and minimize the risks associated with these activities (Part II), and an alternative dispute resolution (ADR) procedure to help cultural institutions and rights holders identify issues and reach satisfactory solutions in disputes around digital activities (Part III).***