Research Handbook on Copyright Law
Second Edition
Edited by Paul Torremans
Chapter 15: Who owns the orphans? Property in digital cultural heritage assets
Second Edition
Uma Suthersanen
Abstract
This chapter starts from a dilemma. The zeitgeist of this century and the foreseeable future is not only to celebrate humanity’s cultural heritage but to also preserve and maintain it for future generations, whilst ensuring its current accessibility to the public. This task is vested in libraries, museums, archives and other memory institutions – collectively known as cultural heritage institutions (CHIs). But ownership rights are not clear. The question who own the orphans arises, and with it the issue of property in digital cultural heritage assets. Keywords: orphan works, cultural heritage, property in digital cultural assets, preservation, digitisation
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