Bìblìotečnij vìsnik (Jan 2024)
European copyright: adaptation of exceptions and limitations to the digital and transboundary environment
Abstract
The purpose of the article is to provide an interpretation of the provisions of the DSM Directive, in particular, exceptions and restrictions on the use of copyrighted works by cultural heritage institutions; to consider the implementation of the DSM Directive into the national legislation of the Member states European Union. Research methods. The solution of the tasks set in the article is carried out with the help of the following general and special research methods: analysis and synthesis, systematization and generalization, logical approach. Scientific novelty. The concepts underlying the introduced DSM Directive, which are relevant to cultural heritage institutions, are explained. It is stated that exceptions and limitations exist to facilitate the use of copyrighted content in certain circumstances and to achieve specific public policy objectives. It is noted that the introduction of exceptions for cultural heritage institutions in national legislation will affect cross-border cooperation in the field of digitization and digital distribution of copies between of the Member states European Union. Conclusions. The DSM Directive is a key element of the European Commission’s Digital Single Market Strategy and will help modernize the European Union copyright system. The DSM Directive sets out rules for exceptions and limitations to copyright and related rights. Articles 3 to 6 of the DSM Directive introduce new mandatory restrictions on the exclusive rights of rightholders in order to adapt the legal framework to the digital use of works: text and data mining for the purposes of scientific research and other purposes, digital use of works for educational purposes and preservation of cultural heritage. These exceptions open up the possibilities that digital technology offers for research, data analysis, education and heritage conservation, as well as online and cross-border use of copyrighted material. Art. 8 DSM Directive establishes a new mechanism for licensing out-of-commerce works. These are works that are still copyrighted but cannot be purchased for sale. This provision will make it easier for cultural heritage institutions, such as libraries, to make such a work available for non-commercial purposes under certain conditions. The above emphasizes the relevance of exceptions for the cultural and creative industries, especially with regard to their activities to preserve, access and disseminate works that museums, libraries or archives retain in their collections.
