Explainer: What will the new EU copyright rules change for Europe's Cultural Heritage Institutions | Europeana Pro

peter.suber's bookmarks 2019-06-13



Article 14 of the directive clarifies a fundamental principle of EU copyright law. The article makes it clear that "when the term of protection of a work of visual art has expired, any material resulting from an act of reproduction of that work is not subject to copyright or related rights, unless the material resulting from that act of reproduction is original". In other words, the directive establishes that museums and other cultural heritage institutions can no longer claim copyright over (digital) reproductions of public domain works in their collections. In doing so the article settles an issue that has sparked quite some controversy in the the cultural heritage sector in the past few year and aligns the EU copyright rules with the principles expressed in Europeana’s Public Domain Charter....

Finally the DSM directive introduces not one but two new Text and Data Mining exceptions (Articles 3 & 4) that will need to be implemented by all Member States. The first exception (Article 3) allows "research organisations and cultural heritage institutions" to make extractions and reproductions of copyright protected works to which they have lawful access "in order to carry out, for the purposes of scientific research, Text and Data Mining". Under this exception cultural heritage institutions can text and data mine all works that the have in their collections (or to which they have lawful access via other means) as long as this happens for the purpose of scientific research. 




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oa.new oa.europe oa.ch oa.glam oa.pd oa.licensing oa.mining oa.arts oa.images oa.libre oa.copyright

Date tagged:

06/13/2019, 13:43

Date published:

06/13/2019, 09:43