Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Research Identifier An unambiguous reference to the resource within a given context CleanUrl: research Description A description of the content of the resource or work <p class="p1"><span class="s1">Entries in this section of the Copyright Cortex include both peer-reviewed and non-peer-reviewed research, exploring the law of copyright and its effects on policy and practice in a variety of cultural heritage contexts. From managing the risks associated with making orphan works available online to claiming copyright in digital surrogates of public domain works, this section catalogues data, evidence, and commentary across a wide range of topics. </span></p> <p class="p1"><span class="s1">If you have any recommendations for material that should feature in this section of the Copyright Cortex please do let us know. You can contact us at: </span><a href="mailto:info@copyrightcortex.org"><span class="s2">info@copyrightcortex.org</span></a></p> Thesis URL https://lup.lub.lu.se/student-papers/search/publication/4450467 Institution Lund University Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Museums' claims of copyright in digital reproductions of public domain works of art - a conflict with the right to access culture? Description A description of the content of the resource or work This thesis examines the relationship between copyright and the right to culture within the context of museums claiming intellectual property rights in digital reproductions of public domain works. Creator An entity primarily responsible for making the resource Tove Andersson Date A point or period of time associated with an event in the lifecycle of the resource 2014-06-12 Abstract A summary of the resource. <p>Modern technology offer entirely new possibilities for museums to reach out on a global market. Museums have undertaken far-reaching mass digitisation projects of their art collections and have established online collections. The digitisation comprises both copyrighted and public domain works of art. Public domain works of art are free for everyone to distribute and reproduce. Problems arise when museums claim copyright in the reproductions of public domain works of art. The underlying work of art is free. Has the digitisation created exclusive rights in public works of art?</p> <p>The examination initially investigates whether museums’ claims in digital reproductions of public domain works of art can be justified from a copyright perspective. Case law indicate that exact reproductions of works of art do not enjoy copyright protection. Museums, however, try to distinguish them from the specific case, meaning that the single case cannot be applied in general. The answer to whether the claim is valid is uncertain. The legal field, if one can call it a legal field, is relatively new. The technology is modern, which is also the case for the problems related. Most attention to the problematic has been paid in the U.S. Both American case law and legal scholars have recognised the problems and discuss museums’ potential copyright in digital reproductions of public domain works of art. The fact that it is a new legal field limits the material available. The advantage is that the material is up-to-date.</p> <p>Furthermore, the examination deals with museums and their mission to preserve and purvey culture to the public. Returning public domain works of art into the copyright sphere may be questioned from that perspective. Instead of making the art accessible, such activity functions as a limitation on accessible works of art. The museums also adopt restrictive policies and license agreements. Museums’ limiting activities is interesting in relation to the right to access culture, which is a further part of the investigation.</p> <p>Finally, the right to access culture puts different levels of legal obligations on a State member. The State is obliged to guarantee at least some minimum amount of concrete possibilities for the individual to access culture on equal terms. If museums’ activity cannot be regarded as compatible with the right to access culture, is there a need of legal reforms in order to ensure continued access to digitised art collections? International instruments and doctrine indicate that there is a need. The most proper solution in order to satisfy that need is, however, another question.</p> Publisher An entity responsible for making the resource available Lund University Libraries Language A language of the resource ENG Rights Information about rights held in and over the resource All Rights Reserved Identifier An unambiguous reference to the resource within a given context CleanUrl: museums-claims-of-copyright-in-digital-reproductions-of-public-domain-works-of-art-a-conflict-with-the-right-to-access-culture Copyright Cortex Fields Extra CC fields for copyright information Jurisdiction Worldwide Size Details about the size of the resource (can be Bytes, Pages or Duration, depending on item type.) 725 KB 48 pp Copyright Information Information about the copyright status of the record. In Copyright Keywords A selection of keywords that pertain to the article attached. access IP asset management public domain rights and reproductions Visual Date Date of creation or availability of the resource that is shown to users. To be formatted as follows: 2017 January 7 2014 June 12 Bridgeman Art Library right to access culture Universal Declaration of Human Rights (UDHR)