Copyright and Cultural Heritage
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Copyright and Cultural Heritage

Preservation and Access to Works in a Digital World

Edited by Estelle Derclaye

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

Paul Torremans

Extract

5. Archiving exceptions: where are we and where do we need to go? Paul Torremans* INTRODUCTION 1. When it was suggested to me that I should write a piece on archiving exceptions under English Copyright law my first impression was that we did not have an archiving exception under English Copyright law. That impression is based on the existing legal situation if one looks at it in a narrow literal sense. Indeed, the only provision in the Copyright, Designs and Patents Act 1988 that comes remotely close is section 42 and as its heading suggests that section really deals with replacement copies of works, which in origin is a very different matter. That might lead to the idea that the question in the title could be answered in the sense that we are nowhere and that the paper will essentially discuss where, if anywhere, we need to go. But maybe that would be too easy. 2. SECTION 42 DE LEGE LATA All this becomes clearer if one looks in some more detail at the wording of section 42. 42 Copying by librarians or archivists: replacement copies of works (1) The librarian or archivist of a prescribed library or archive may, if the prescribed conditions are complied with, make a copy from any item in the permanent collection of the library or archive– (a) in order to preserve or replace that item by placing the copy in its permanent collection in addition to or in place of it, or (b) in...

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