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 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. 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: <a href="mailto:info@copyrightcortex.org">info@copyrightcortex.org</a> Working Paper URL https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2573104 Institution Institute for Information Law, University of Amsterdam 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 The digitisation of cultural heritage: originality, derivative works and (non) original photographs Creator An entity primarily responsible for making the resource Thomas Margoni Date A point or period of time associated with an event in the lifecycle of the resource 2014-12-03 Abstract A summary of the resource. The purpose of this paper is to explore the legal consequences of the digitisation of cultural heritage institutions' archives and in particular to establish whether digitisation processes involve the originality required to trigger new copyright or copyright-related protection. As the European Commission and many MS reported, copyright and in particular "photographers rights" are cause of legal uncertainty during digitisation processes. A major role in this legally uncertain field is played by the standard of originality which is one of the main requirements for copyright protection. Only when a subject matter achieves the requested level of originality, it can be considered a work of authorship. Therefore, a first key issue analysed in this study is whether – and under which conditions – digitisation activities can be considered to be original enough as to constitute works (usually a photographic work) in their own right. A second element of uncertainty is connected with the type of work eventually created by acts of digitisation. If the process of digitisation of a (protected) work can be considered authorial, then the resulting work will be a derivative composed by two works: the original work digitally reproduced and the – probably – photographic work reproducing it. Finally, a third element of uncertainty is found in the protection afforded to "other photographs" by the last sentence of Art. 6 Term Directive and implemented in a handful of European countries. Accordingly, the paper is structured as follows: Part I is dedicated to the analysis of copyright law key concepts such as the originality standard, the definition of derivative works and the forms of protection available in cases of digital (or film-based) representations of objects (photographs). The second part of the study is devoted to a survey of a selection of EU Member States in an attempt to verify how the general concepts identified in Part I are applied by national legislatures and courts. The selected countries are Germany, France, Spain, Italy, Poland, the Netherlands and the UK. The country analysis fulfils a double function: on the one hand it provides a specific overview of the national implementation of the solutions found at international and EU level. On the other hand, it constitutes the only possible approach in order to analyse the protection afforded by some MS to those "other photographs" (also called non original photographs or mere/simple photographs) provided for by the last sentence of Art. 6 Copyright Term Directive. Part III presents some conclusions and recommendations for cultural heritage institutions and for legislatures. Publisher An entity responsible for making the resource available Social Science Research Network (SSRN) Rights Information about rights held in and over the resource CC BY-SA 4.0 Identifier An unambiguous reference to the resource within a given context CleanUrl: the-digitisation-of-cultural-heritage-originality-derivative-works-non-original-photographs Description A description of the content of the resource or work This paper approaches the question of originality in photographic reproductions of two-dimensional and three-dimensional public domain works by analyzing the legal thresholds for originality, recognised protections for derivative works, and protections for photographs and non-original photographs among various jurisdictions. Language A language of the resource ENG Copyright Cortex Fields Extra CC fields for copyright information Visual Date Date of creation or availability of the resource that is shown to users. To be formatted as follows: 2017 January 7 2014-12-03 Size Details about the size of the resource (can be Bytes, Pages or Duration, depending on item type.) 595 KB 70 pp. Copyright Information Information about the copyright status of the record. In Copyright Keywords A selection of keywords that pertain to the article attached. originality empirical research public domain rights and reproductions Jurisdiction Germany France United Kingdom The Netherlands European Union derivative works non-original photographs photographic works right of adaptation