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Intellectual Property Law

Schulich School of Law, Dalhousie University

Series

Cultural Heritage

Publication Year

Articles 1 - 3 of 3

Full-Text Articles in Law

Cultural Heritage Online? Settle It In The Country Of Origin Of The Work, Lucie Guibault Jan 2015

Cultural Heritage Online? Settle It In The Country Of Origin Of The Work, Lucie Guibault

Articles, Book Chapters, & Popular Press

This article examines the conditions under which a system of extended collective licensing (ECL) for the use of works contained in the collections of cultural heritage institutions (CHIs) participating in Europeana could function within a cross-border basis. ECL is understood as a form of collective rights management whereby the application of freely negotiated copyright licensing agreements between a user and a collective management organisation (“CMO”), is extended by law to non-members of the organisation. ECL regimes have already been put in place in a few Member States and so far, all have the ability to apply only on a national …


Faustian Perspective On Digitization: Making A Deal With The Devil, Lucie Guibault Apr 2014

Faustian Perspective On Digitization: Making A Deal With The Devil, Lucie Guibault

Articles, Book Chapters, & Popular Press

No abstract provided.


Faustian Perspective On Digitization: Making A Deal With The Devil, Lucie Guibault Jan 2014

Faustian Perspective On Digitization: Making A Deal With The Devil, Lucie Guibault

Articles, Book Chapters, & Popular Press

Digitization of library material, archives and museum collections, arts organizations repositories is progressing rapidly, and opens up new possibilities of accessing, using and re-using the knowledge embodied in cultural heritage. By giving new purpose and function to works, it enhances the value of the public domain and enriches the public sphere. However, digitization also creates the conditions for the rise of new proprietary entitlements over cultural objects. Such ‘informational monopolies’ are often justified as necessary to recoup the high costs of digitization, or as the basis to provide additional sources of income for the cultural institutions. At the same time, …