scholarly journals CULTURAL HERITAGE INSTITUTIONS DURING AND AFTER THE PANDEMIC: THE COPYRIGHT PERSPECTIVE

2021 ◽  
Author(s):  
Romana Matanovac Vučković ◽  
Ivana Kanceljak ◽  
Marko Jurić
Keyword(s):  
Cultural Heritage ◽  
Rapid Change ◽  
Digital Age ◽  
Legal Framework ◽  
Free Access ◽  
The European Union ◽  
The Public ◽  
Legal Documents ◽  
Eu Directive ◽  
Text And Data Mining

The COVID-19 pandemic has imploded the traditional ways in which creative, cultural and artistic content are presented and consumed. Museums, libraries, archives, and other cultural institutions have been closed in lockdowns all around the European Union, and their content presented and consumed online. This paper will analyse how copyright rules affect cultural heritage institutions (publicly accessible libraries or museums, archives or film or audio heritage institutions) in the digital age. Four recent legal documents at the European level refer to the digitalisation of their collections and the digitised content’s exposure to the public in the Digital Single Market. These are Directive 2001/29/EC, Directive 2012/28/EU, Directive (EU) 2019/790 and Directive (EU) 2019/1024. This paper willfirst analyse how exclusive rights are regulated for authors, other creators, publishers, and producers in the digital age. Those rights need to be respected and exercised effectively by their owners. On the other hand, there is also a public interest, in that digitisation and access to digitised content should be free in cultural heritage institutions. To resolve the tension inherent in this relationship is not easy. The recent rapid change in consumption of creative, cultural and artistic content in the Single Digital Market (due to the pandemic caused by the COVID-19 virus) has triggered the need for swifter digitisation of cultural heritage institutions’ collections. The European legal framework offers some solutions to this need, which will be presented here. It does not resolve the situation generally, but refers to particular issues, such as orphan works, out-of-commerce works, text and data mining and the re-use of public sector information. In general, copyright protection prevails. Nevertheless, the tendencies towards free access grow stronger every day. This paper will analyse how these four directives interact with each other in the effort to resolve the tension between copyright, digitisation and free access to digitised content in cultural heritage institutions. At the end, two ideas for a new balance are presented.

scholarly journals The Principle of Sustainable Development as the Basis for Weighing the Public Interest and Individual Interest in the Scope of the Cultural Heritage Protection Law in the European Union

2021 ◽  
Vol 13 (7) ◽  
pp. 3985
Author(s):  
Adam Kozień
Keyword(s):  
European Union ◽  
Sustainable Development ◽  
Cultural Heritage ◽  
Public Interest ◽  
Legal Protection ◽  
Individual Interest ◽  
The European Union ◽  
European Union Law ◽  
Environmental Aspect ◽  
The Public

The concept of sustainable development is widely used, especially in social, environmental and economic aspects. The principle of sustainable development was derived from the concept of sustainable development, which appears in legal terms at the international, EU, national and local levels. Today, the value of cultural heritage that should be legally protected is indicated. A problematic issue may be the clash in this respect of the public interest related to the protection of heritage with the individual interest, expressed, e.g., in the ownership of cultural heritage designates. During the research, scientific methods that are used in legal sciences were used: theoretical–legal, formal–dogmatic, historical–legal methods, as well as the method of criticism of the literature, and legal inferences were also used. The analyses were carried out on the basis of the interdisciplinary literature on the subject, as well as international, EU and national legal acts—sources of the generally applicable law. Research has shown that the interdisciplinary principle of sustainable development, especially from the perspective of the social and auxiliary environmental aspect, may be the basis for weighing public and individual interests in the area of legal protection of cultural heritage in the European Union. It was also indicated that it is possible in the situation of treating the principle of sustainable development in terms of Dworkin’s “policies” and allows its application not only at the level of European Union law (primary and secondary), but also at the national legal orders of the European Union Member States.

scholarly journals Opening a Path towards Sustainable Corporate Behaviour: Public Participation in Criminal Environmental Proceedings

2021 ◽  
Vol 13 (14) ◽  
pp. 7886
Author(s):  
Pavel Kotlán ◽  
Alena Kozlová ◽  
Zuzana Machová
Keyword(s):  
Public Participation ◽  
Criminal Liability ◽  
Active Role ◽  
Legal Framework ◽  
The European Union ◽  
Criminal Proceedings ◽  
Human Rights Protection ◽  
The Public ◽  
Governmental Organizations ◽  
Non Governmental Organizations

Establishing criminal liability for environmental offences remains daunting, particularly with regard to the ‘no plaintiff—no judge’ element as a result of which the public seems to be ultimately deprived of the possibility to participate in criminal environmental proceedings. While there is arguably a lack of specific instruments at the European Union (EU) level which would prescribe such legal obligation on the part of the State, there has been a shift in understanding the role of the public and its participation in criminal liability cases, namely under the auspices of the so-called effective investigation and the concept of rights of victims in general. Using the example of the Czech Republic as a point of reference, this article aims to assess the relevant legal developments at both EU and Czech levels to illustrate why the non-governmental organizations (NGOs), essentially acting as public agents, should be granted an active role in environmental criminal proceedings. After examining the applicable legal framework and case law development, the article concludes that effective investigation indeed stands as a valid legal basis for human rights protection which incorporates an entitlement to public participation. Despite that, this pro-active shift is far from being applied in practice, implying that the legislation remains silent where it should be the loudest, and causing unsustainable behaviour of companies.

Combating the Illicit Trafficking of Cultural Property: The Multifaceted Response to a Complex Challenge

Global Jurist ◽  
2019 ◽  
Vol 20 (1) ◽  
Author(s):  
Letizia Casertano
Keyword(s):  
European Union ◽  
Cultural Heritage ◽  
Legal Framework ◽  
Cultural Property ◽  
International Terrorism ◽  
The European Union ◽  
Security Systems ◽  
Recent Developments ◽  
Illicit Trafficking

Abstract In recent years the phenomenon of the illicit trafficking in cultural assets has been addressed by international and European lawmakers as an important phenomenon within the complex criminal networks used for the financing of international terrorism. The factors that contribute most to its development include in particular the availability of advanced technologies for plundering archaeological sites and e-commerce, which has sped up trade by breaking down space-time barriers, along also with armed conflict, political instability and poverty. In order to bring about change and put an end to the phenomenon, some significant legislative choices have recently been implemented in the European Union. The aim is to create a regime that is as uniform as possible along with a network of standardised controls capable of intercepting illicit trafficking. The concerns of art market operators surrounding the introduction of new rules and regulations can be appreciated if it is considered that the vibrant lawful market of artworks operates in accordance with tried and tested arrangements. This article will seek to provide an account of the phenomenon in its full complexity, highlighting the most significant recent developments within the European Union. It will also discuss the role of information and digital technologies in the area of cultural heritage. In particular, the existing European legal framework represented by the main legal instruments adopted by the international community and by the European Union will be sketched out, including both civil law and criminal law responses to the illicit trafficking of cultural heritage. Within this context the importance of the issues of traceability within art transactions, which are mostly paper-based, will be investigated along with other related issues such as digital tracking of artworks (digital passports), art security systems and authentication technologies.

Part II Substantive Aspects, Ch.21 Cultural Heritage in International Investment Law

2020 ◽  
Author(s):  
Vadi Valentina
Keyword(s):  
Cultural Heritage ◽  
Direct Investment ◽  
Legal Framework ◽  
International Investment ◽  
Economic Interests ◽  
Public And Private ◽  
International Investment Law ◽  
The Public ◽  
Private Interests ◽  
Investment Law

This chapter evaluates whether the existing legal framework adequately protect cultural heritage vis-à-vis the economic interests of foreign investors. It aims to address this question by examining recent arbitrations and proposing three principal legal tools to foster a better balance between economic and cultural interests in international investment law and arbitration. This recent jurisprudence highlights that arbitral tribunals are increasingly providing consideration to cultural concerns. Yet, the interplay between the protection of cultural heritage and the promotion of foreign direct investment in international investment law and arbitration continues to pose two main problems: one ontological, concerning the essence of international investment law and international law more generally; and one epistemological, concerning the mandate of arbitral tribunals. The chapter then considers three principal avenues that can facilitate a better balance between the public and private interests in international investment law: a ‘treaty-driven approach’; a ‘judicially driven approach’; and counterclaims.

scholarly journals Amendments, annexations, alternatives: Nord Stream 2’s contemporary status under EU and international law

2019 ◽  
Vol 12 (6) ◽  
pp. 502-512 ◽  
Author(s):  
Valentin Jeutner
Keyword(s):  
International Law ◽  
Legal Status ◽  
Legal Framework ◽  
Legal Aspects ◽  
The European Union ◽  
Bilateral Relations ◽  
Eu Directive ◽  
Contemporary Status ◽  
Nord Stream ◽  
S Application

Abstract Nord Stream 2 is a highly controversial megaproject. This text shows that the political controversy surrounding Nord Stream 2 does not necessarily translate to legal controversy. The text does so by considering three controversially discussed European and international legal aspects of the Nord Stream 2 project. The article commences by evaluating whether and how [whether and how] the recent amendment to the European Union (EU) Directive 2009/73/EC concerning common rules for the internal market in natural gas affects the legal status of Nord Stream 2. The text concludes that Directive 2009/73/EC (as amended) makes it considerably more difficult to operate Nord Stream 2. It will also be established that legal uncertainty remains concerning the amended Directive’s compliance with European and international law, and that bilateral relations between Russia and Germany are, in any case, unaffected by changes in EU law. The article then proceeds to evaluate the argument that Germany’s involvement with Nord Stream 2, in light of Russia’s annexation of Crimea and Sevastopol, violates international law since Germany, by doing so, violates the obligation not to recognize or support annexation by an aggressor state. This argument is rejected. Even if one assumes that Russia’s annexation of Crimea and Sevastopol was unlawful, Germany’s support of Nord Stream 2 cannot be legally construed as support for Russia’s activities concerning Crimea and Sevastopol. Finally, the article considers the international legal framework conditioning the currently still outstanding permission by Denmark to lay Nord Stream 2 pipelines through the Danish territorial sea/the Danish Exclusive Economic Zone. In this regard, it is concluded that the legal scope for Denmark to reject Nord Stream 2’s application for permission to lay the pipeline through Danish waters is very limited.

scholarly journals URBANISTIKOS PAVELDO TVARKYBOS IŠTAKOS IR ŠIANDIENINĖ SITUACIJA LIETUVOJE

2011 ◽  
Vol 35 (4) ◽  
pp. 238-248 ◽  
Author(s):  
Dalia Dijokienė
Keyword(s):  
Cultural Heritage ◽  
Legal Framework ◽  
Heritage Management ◽  
Common Language ◽  
International Organisations ◽  
The Public ◽  
Urban Heritage ◽  
Heritage Protection ◽  
The Mind ◽  
Scientific Framework

The concept of urban heritage value in the mind of the humankind is relatively new. Protection of urban heritage objects started at the latest in the development of the global tangible objects of immovable cultural heritage. Protection of these objects has been developing as an opposition to dominating urbanisation processes. The article briefly reviews evolution of the notion and object of cultural heritage in documents of international organisations in the 20th and 21st centuries and looks into when this notion expands to encompass urban compositions. It analyses the solid scientific framework of the Lithuanian urban heritage research upon which the interpretation and legalisation was founded. The article discuses the present-day legal framework of urban heritage management, pointing out its drawbacks. It seeks to identify why scientists and lawyers, as well as members of government and the public fail to find a common language on issues of urban heritage management. Santrauka Urbanistikos paveldo vertybės sąvoka žmonijos sąmonėje yra palyginti nauja. Pasaulio materialiojo nekilnojamojo kultūros paveldo apsaugos raidoje urbanistikos paveldo objektai pradėti saugoti vėliausiai. Jų apsauga formavosi kaip priešprieša dominuojantiems urbanizacijos procesams. Straipsnyje glaustai apžvelgiama, kaip kito kultūros paveldo sąvoka ir objektas XX–XXI a. tarptautinių organizacijų dokumentuose ir kada šią sąvoką papildo urbanistiniai dariniai. Analizuojamas Lietuvos urbanistikos paveldotyros mokslinis pagrindas, lėmęs urbanistikos vertybių nustatymą ir įteisinimą. Aptariamas dabartinis teisinis urbanistikos paveldo tvarkybos pagrindas ir jo trūkumai. Ieškoma nesusikalbėjimo tarp mokslo ir teisės atstovų, valdininkijos ir piliečių urbanistikos paveldo tvarkybos klausimais priežasčių.

Architectural heritage: the paradox of its current state of risk

1998 ◽  
Vol 7 (1) ◽  
pp. 149-165 ◽  
Author(s):  
B Burnham
Keyword(s):  
Cultural Heritage ◽  
Rapid Change ◽  
Architectural Heritage ◽  
Case Histories ◽  
The Public ◽  
Current State ◽  
The World ◽  
The Face ◽  
New Methodologies ◽  
Watch List

The treatment of movable and immovable heritage is markedly different. While movable objects are highly valued and carefully protected, their immovable equivalents are often under a serious cloud of threat. This peril is the result of global mismanagement, failure of governments to provide adequate funds for their maintenance, and lack of recognition by the public that these disappearing resources are assets of major value. Conservators of immovables face special ethical and practical concerns in their efforts to preserve cultural heritage within its context - depicted in this article as case histories from the World Monuments Watch list of endangered sites. The legal and procedural mechanisms that support this task are ineffectual in the face of rapid change. The field needs new methodologies that harness public appreciation of a site's 'sense of place' to guarantee its future.

scholarly journals Communicating European Archives: Challenges, Strategies and Tools

Atlanti ◽  
2018 ◽  
Vol 28 (1) ◽  
pp. 11-15
Author(s):  
Dieter Schlenker
Keyword(s):  
European Union ◽  
European Integration ◽  
Legal Framework ◽  
Trade Association ◽  
Digital Archives ◽  
The European Union ◽  
The Public ◽  
European Free Trade Association ◽  
Historical Archives ◽  
The Eu

This article outlines the insights gained during the establishment of a communications strategy for the Historical Archives of the European Union (HAEU) in Florence. The article reflects on how key messages of a unique transnational European archives are construed from its mission, legal framework and in close collaboration with EU institutional archives services. It also sheds light on how to identify a specific European target audience for the Archives and other key elements of a communications strategy for a European archives.The HAEU is the official home for the historical documents of the European Union Institutions, Bodies and Agencies. It is part of the European University Institute, a unique academic hub for doctoral and post-doctoral European studies. It houses, at Villa Salviati in Florence, seven kilometres of paper and digital archives as well as rich audio-visual and oral history collections documenting the historical process of European integration and cooperation. The EU-institutional archives are made accessible to the public after 30 years.The HAEU also hosts 160 deposits of private papers from eminent European political leaders, EU officials and pioneers in the European integration process, and a unique collection of archives of pro-Eu-ropean movements and non-EU organisations with a European scope, such as the European Space Agen-cy and the European Free Trade Association.

scholarly journals Audiovisual content accessibility for persons with disabilities in the human rights framevork

2016 ◽  
pp. 859-875
Author(s):  
Zoran Lutovac
Keyword(s):  
Human Rights ◽  
Service Providers ◽  
Legal Framework ◽  
Equal Treatment ◽  
Free Access ◽  
Regulatory Body ◽  
The European Union ◽  
Persons With Disabilities ◽  
The Right ◽  
Barrier Free

Accessibility of audiovisual content for people with disabilities is strongly related to the right of freedom of opinion and expression, right to the equal treatment and the right to freedom from discrimination. UN, Council of Europe and the European Union regulate the issue of accessibility, including the accessibility of information and communication technology, ICT, by a number of documents ? conventions, charters, directives, etc. However, the most important international instrument stressing this issue in the context of human rights is the UN Convention on the Rights of Persons with Disabilities. Enormous developments in the field of ICT open up a large scope of opportunities for persons with disabilities to have barrier-free access to the audiovisual content. Among other things, digital distribution should make the audiovisual content fully accessible to all. The legal framework of the Republic of Serbia regulating this issue in general is in line with European standards, however, the percentage of fully accessible audiovisual content is far below acceptable in Europe. Stronger obligations for private and public broadcasters to provide fully accessible media content, the introduction of quotas, giving new and more binding powers to telecom and media regulatory body, etc., are some of the ideas that, applied in Europe, had generated much better situation in the audiovisual area for people with sensory impairments. Without redefined and more binding obligations of broadcasters, without larger powers of regulatory bodies, which would mean the possibility of introducing sanctions for certain actions or lack of action of both public and private media services, at this level of social responsibility awareness, media service providers can always refer to the lack of technical and financial capacities in their response why they did not provide accessible content in their programs. Hence, only with great optimism it can be expected that audiovisual area in Serbia in the near future will be barrier-free in a more significant extent in order to finally achieve the goal of audiovisual world accessible to all.

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