Digitising Cultural Heritage

This book investigates the role played by copyright on the digitisation of cultural heritage from 3 angles: the theoretical differences between cultural property law and copyright; a comparative analysis of the EU, the UK, and the US; and the analysis of current practices and concerns, based on empirical research. As heritage digitisation projects are becoming increasingly common for purposes such as preservation and access, the impact of copyright is also becoming more problematic. In order to provide a full and current picture of the copyright problem, the book first introduces the reader to the debates on cultural heritage and copyright implications of new technologies, including: 2D and 3D scanning; virtual and augmented reality; text and data mining; and artificial intelligence. The author then divides the main critical analysis into 3 parts, referred to as the clashes with copyright. The 1st, theoretical clash, lies between cultural property law and copyright justification theories on the issues of public interest and ownership of heritage. The 2nd clash is in the different legal approaches to digitising in-copyright, public domain, orphan, out-of-commerce and unpublished works in the chosen jurisdictions. The 3rd clash is in the interests of the stakeholders, based on public reactions to existing projects and cases, supported by interviews with heritage professionals engaging in digitisation. By placing itself in this particular intersection of law, heritage, and technology, the book will be of interest to both intellectual property academics and cultural heritage professionals.