Theory and practice of intellectual property
№ 5 / 2018

ISSN (Print) 2308-0361
ISSN (Online) 2519-2744

PDF (Ukrainian)

DOI: https://doi.org/10.33731/52018.160772

Published      2018-10-29

Digital museums and limitation of authors’ propertyrights: legislation and practice EU

Valentyna Trotska
Ukraine

Abstract
The author in the article analyzes the content of such a phenomenon as «digital museums». Digital museums are conventionally divided into the following types: «brochure museums» which provide advisory information for museum; and there are «content museums», which are databases of museum collections; and there are «virtual museums» or «museums without walls», which offer a variety of online content. The article describes the features of the last of the listed types of digital museums in details. The definitions of «museum» and «digital museum» are analyzed. The author determined the difference between them. The author particularly analyses the EU legislation on exceptions and limitation of copyright for museums (Directive 2001/29/EC on the harmonisationof certain aspects of copyright and related rights in the information society; Directive 2012/28/EU on certain permitted uses of orphan works). It is determined that the conditions for the free use of works, are: 1) the activities of museums regarding the use of works should not include direct or indirect economic or commercial advantage; 2) access to works is permitted for the purpose of research or personal study; 3) access to works should be provided through dedicated terminals in the museum’s building. The author gives practical examples of the activities of digital museums. The article also describes the norms of the laws of European countries regarding the free use of works by museums. It is concluded that in the legislation of European countries the norms concerning the limitation of property rights of authors may be tentatively divided into free reproduction (digitization) of works for: internal-museum purposes (for example, to save a work, or replace a damaged work); external-museum purposes (for example, reproduction (digitization) and provision of access to works by visitors at the museum premises for the purpose of research or private study). It is also determined that the free use of works from a museum collection for the latter purposes, which raises a number of practical issues in the implementation of the EU legislation rules. The author in the articlе analyses the problems of application of the legislation in the sphere of copyright, gives examples from European judicial practices.At the end of the article the author draws conclusions.

Keywords: museums, digital museums, the Internet, free use of works, limitation of property rights of authors, reproduction (digitization) of works