Digitising the public domain: Non original photographs in comparative EU copyright law

Margoni, T. (2018) Digitising the public domain: Non original photographs in comparative EU copyright law. In: Fitzgerald, B. and Gilchrist, J. (eds.) Copyright, Property and the Social Contract: The Reconceptualisation of Copyright. Springer: Cham, pp. 157-180. ISBN 9783319956909 (doi: 10.1007/978-3-319-95690-9_8)

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The purpose of this chapter is to explore the legal consequences of the digitisation of cultural heritage institutions’ collections and in particular to establish whether digitisation processes can trigger forms copyright and copyright-related protection under EU law. Whereas the study will also look at the originality requirement for copyright protection in the digitisation of physical items, the main objective lies elsewhere, namely in forms of protection for non-original photographs. In fact, in some EU Member States (MS) a dedicated related (or neighbouring) right to copyright is available for the protection of “other photographs” that is to say photographs which are not original. The chapter’s working hypothesis postulates that in a vast majority of situations digitisation processes do not attract, nor should attract, any form of protection based on copyright and related rights. Nonetheless, in some limited cases, protection afforded by copyright and by the neighbouring right protecting “other” photographs may be available.

Item Type:Book Sections
Additional Information:Print ISBN: 9783319956893.
Glasgow Author(s) Enlighten ID:Margoni, Dr Thomas
Authors: Margoni, T.
College/School:College of Social Sciences > School of Law
Published Online:03 November 2018
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