Publication details
Digitalizace kulturního dědictví a díla nedostupná na trhu v České republice: mezi evropskou strategií, autorským právem a institucionální praxí
| Title in English | Digitisation of Cultural Heritage and Out-of-Commerce Works in the Czech Republic: Between European Strategy, Copyright Law, and Institutional Practice |
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| Year of publication | 2026 |
| Type | Appeared in Conference without Proceedings |
| MU Faculty or unit | |
| Citation | |
| Description | The digitization of cultural heritage is currently one of the key areas of both European and national cultural policy, fundamentally transforming the ways in which cultural assets are protected, preserved, and made accessible. This contribution analyses the legal and institutional framework for the digitization of cultural heritage, with a particular focus on the regime for out-of-commerce works as a specific tool enabling the accessibility of copyright-protected works through cultural heritage institutions. Particular attention is paid to the implementation of the out-of-commerce works framework into Czech legislation, where the original model based on Section 97f of the Copyright Act clashes with the newer European concept transposed through Section 27c of the Copyright Act. Based on an analysis of contractual practices and institutional mechanisms, this contribution assesses whether the Czech model aligns with the broader objectives of European digitization policy or whether the transposition of European legislation is merely formal. The aim of this contribution is to further the discussion on the relationship between copyright, the digitization of cultural heritage, and public access to cultural heritage in the digital environment, while also identifying the main legal and institutional limitations of the current approach in the Czech Republic. |
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