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Copyright and Cultural Heritage

Preservation and Access to Works in a Digital World Edited by Estelle Derclaye, Associate Professor and Reader in Intellectual Property Law, University of Nottingham, UK
Thanks to digitisation and the Internet, preservation of and access to our cultural heritage – which consists of works protected by copyright and works in the public domain – have never been easier. This essential book examines the twin issues of the preservation of, and access to, cultural heritage and the problems copyright law creates and the solutions it can at the same time provide. The expert contributors explore the extent to which current copyright laws from Europe and beyond prevent or help the constitution of a centralized online repository of our cultural heritage. Provided legal reform is achieved and the additional financial and organisational hurdles are overcome, this work argues that it should be possible to fulfill the dream of an online Alexandrian library.
Extent: 264 pp
Hardback Price: $128.00 Web: $115.20
Publication Date: 2011
ISBN: 978 1 84980 004 4
Availability: In Stock
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  • Law - Academic
  • Cultural Heritage and Art Law
  • Intellectual Property Law
Thanks to digitisation and the Internet, preservation of and access to our cultural heritage – which consists of works protected by copyright and works in the public domain – have never been easier. This essential book examines the twin issues of the preservation of, and access to, cultural heritage and the problems copyright law creates and the solutions it can at the same time provide. The expert contributors explore the extent to which current copyright laws from Europe and beyond prevent or help the constitution of a centralized online repository of our cultural heritage. Provided legal reform is achieved and the additional financial and organisational hurdles are overcome, this work argues that it should be possible to fulfill the dream of an online Alexandrian library.

Copyright and Cultural Heritage will appeal strongly to both academics and practitioners of intellectual property as well as to policymakers – as it proposes modifications to copyright law in the UK and beyond. This book will also provoke thought amongst associated and interested parties from industry and those using, managing or distributing content.
‘This book, an edited collection of 2009 conference papers, provides a broad and thought-provoking account. . . I believe the collection will be a valuable addition to academic and law libraries.’
– Susan Corbett, Prometheus

‘. . . this work edited by Dr Derclaye offers a timely contribution, as it addresses the issue of orphan works by means of reference to legal deposit schemes. . . it is apparent that Copyright and Cultural Heritage is a valuable work, in that it approaches the issue of global preservation and access to works from many angles and employs both a multi-territorial and multidisciplinary approach.’
– Eleonora Rosati, Journal of Intellectual Property Law and Practice

‘Copyright and Cultural Heritage offers a fine pick discussing the preservation of cultural heritage and the Internet’s affects upon these efforts. . . Legal reforms, social issues such as access, and more makes this a fine college-level academic pick for legal and social issues collections concerned with intellectual property rights.’
– The Midwest Book Review
Contributors: T. Aplin, L. Belder, C. Colin, R. Deazley, E. Derclaye, L. Gasaway, S. Hetcher, D. Lipszyc, T. Padfield, A. Rahmatian, P. Torremans, C.A. Villalba
Contents:

Introduction
Estelle Derclaye

PART I: THE EUROPEAN PERSPECTIVE
1. A Global Digital Register for the Preservation and Access to Cultural Heritage: Problems, Challenges and Possibilities
Tanya Aplin

2. Registers, Databases and Orphan Works
Caroline Colin

3. Copyright Protection for the Restoration, Reconstruction and Digitization of Public Domain Works
Andreas Rahmatian

4. Photography, Copyright and the South Kensington Experiment
Ronan Deazley

5. Archiving Exceptions: Where are we and where do we need to go?
Paul Torremans

PART II: THE US PERSPECTIVE
6. Archiving and Preservation in US Copyright Law
Laura Gasaway

7. A Central Register of Copyrightable Works: A US Perspective
Steven Hetcher

PART III: ANOTHER WAY TO PRESERVE AND ACCESS CULTURAL HERITAGE: THE DOMAINE PUBLIC PAYANT
8. Preserving and Accessing our Cultural Heritage: Argentina’s Experience through the Domaine Public Payant
Delia Lipszyc and Carlos Alberto Villalba

PART III: THE CULTURAL SECTOR INSTITUTION’S PERSPECTIVE
9. Preserving and Accessing our Cultural Heritage – Issues for Cultural Sector Institutions: Archives, Libraries, Museums and Galleries
Tim Padfield

PART IV: THE CULTURAL HERITAGE SPECIALIST’S PERSPECTIVE
10. Friends or Foes? Two Ways of Thinking on the Relation between the Tasks of Cultural Heritage Institutions and the Protection of Copyright
Lucky Belder

Conclusion
Estelle Derclaye

Index