scholarly journals The Digitization of Cultural Heritage under Polish Law and Policy: Challenges Presented by Copyright Law

2020 ◽  
pp. 377-406
Author(s):  
Aleksandra Guss
Keyword(s):  
Cultural Heritage ◽  
Copyright Protection ◽  
Simple Procedure ◽  
Copyright Law ◽  
Digital Form ◽  
Digital Version ◽  
Digital Space ◽  
Law And Policy ◽  
Digital Documentation ◽  
Polish Law

Digitization in the narrow sense means the conversion of analogue data into digital form. Looking more broadly through the prism of the protection of cultural heritage, digitization of its objects means not only the conversion of analogue objects into their digital version, but is also related to the processing of the obtained material, file management, and finally, but not always, the sharing of digital documentation. It is not a simple procedure because it has many limitations, including those arising from issues of the copyright protection of digitized works. The aim of this article is to present the challenges related to copyright in relation to the digitization of cultural heritage in the light of Polish law and policy. Poland is one of the countries where the process of digitization of cultural heritage is developing dynamically, both through government programmes and grassroots digitization movements. However, there is no separate regulation in the Polish legal system devoted to the digitization of cultural heritage resources. This makes it difficult to ensure the digitization of a significant part of collections due to the limitations resulting from copyright and their relation to works that can potentially be transferred into the digital space.

User Property, User Rights, and User Privileges

2017 ◽  
Author(s):  
Pascale Chapdelaine
Keyword(s):  
Public Law ◽  
Copyright Law ◽  
Future Application ◽  
Private Law ◽  
The Public ◽  
Freedom Of Contract ◽  
Competing Interests ◽  
Regulatory Changes ◽  
Law And Policy ◽  
User Property

This chapter proposes two principles that should inform the development of copyright law and policy and of user rights. The first calls for more cohesion between copyright law, private law, and public law, and for less exceptionalism in copyright law. The second requires that the balance in copyright law be adjusted for its future application as a mediation tool between the competing interests of copyright holders, users, intermediaries, and the public. Instituting positive obligations for copyright holders in relation to users and steering freedom of contract toward the objectives of copyright law are necessary regulatory changes to rectify ongoing imbalances. The principle of technological neutrality should guide the judiciary in its application of copyright’s objective of promoting a balance in copyright law. The proposed guiding principles lead to the creation of a taxonomy and hierarchy of copyright user rights that take into account the myriad ways users experience copyright works.

scholarly journals An emotions-informed approach for digital documentation of rural heritage landscapes: Baojiatun, a traditional tunpu village in Guizhou, China

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Jane-Heloise Nancarrow ◽  
Chen Yang ◽  
Jing Yang
Keyword(s):  
Cultural Heritage ◽  
Interpersonal Relationships ◽  
Local Community ◽  
Heritage Management ◽  
Guizhou Province ◽  
Holistic Understanding ◽  
Digital Documentation ◽  
Multi Level ◽  
Emotional Value ◽  
Digital Survey

AbstractThe application of digital technologies has greatly improved the efficiency of cultural heritage documentation and the diversity of heritage information. Yet the adequate incorporation of cultural, intangible, sensory or experimental elements of local heritage in the process of digital documentation, and the deepening of local community engagement, remain important issues in cultural heritage research. This paper examines the heritage landscape of tunpu people within the context of digital conservation efforts in China and the emergence of emotions studies as an evaluative tool. Using a range of data from the Ming-era village of Baojiatun in Guizhou Province, this paper tests an exploratory emotions-based approach and methodology, revealing shifting interpersonal relationships, experiential and praxiological engagement with the landscape, and emotional registers within tunpu culture and heritage management. The analysis articulates distinctive asset of emotional value at various scales and suggests that such approaches, applied within digital documentation contexts, can help researchers to identify multi-level heritage landscape values and their carriers. This methodology can provide more complete and dynamic inventories to guide digital survey and representation; and the emotions-based approach also supports the integration of disparate heritage aspects in a holistic understanding of the living landscape. Finally, the incorporation of community participation in the process of digital survey breaks down boundaries between experts and communities and leads to more culturally appropriate heritage records and representations.

scholarly journals Is Architecture Connected with Intangible Cultural Heritage? Reflections from Architectural Digital Documentation and Interactive Application Design in Three Aegean Islands

Heritage ◽  
2021 ◽  
Vol 4 (2) ◽  
pp. 664-689
Author(s):  
Pavlos Chatzigrigoriou ◽  
Vasiliki Nikolakopoulou ◽  
Theodoros Vakkas ◽  
Spyros Vosinakis ◽  
Panayiotis Koutsabasis
Keyword(s):  
Cultural Heritage ◽  
Intangible Cultural Heritage ◽  
Tourist Industry ◽  
Interactive Technologies ◽  
Aegean Islands ◽  
Research Findings ◽  
Digital Documentation ◽  
Early Design Stages ◽  
Interactive Application ◽  
Areas Of Interest

The research project “Mouseion Topos” (in English: “Museums Place”), focusing on traditional local settlements situated at three Aegean islands, aims to contribute to the promotion of their physiognomy and intangible cultural heritage by connecting regional museums with each settlement. The present article, part of the project’s initial phase, via the application of the HERMeS methodology (version 1 and 2) and the development of the associate digital documentation tools, identifies and records the architectural and urban elements influenced by each settlement’s intangible cultural heritage as listed by UNESCO and presented by their corresponding museums. The research findings revealed connections between the museums’ content and the documented tangible heritage based on the formulated conceptual and heatmaps, which can be used at the early design stages of the current project’s interactive applications, especially in mobile tours. Finally, the research findings verify that despite the limitations and issues for further research, the introduced HERMeS methodology and digital tools are reliable and contribute to the respective field’s theory. The paper also provides beneficial deliberation on digital architectural heritage documentation methods and interactive technologies, highlighting points and areas of interest that the tourist industry, technology designers, museum curators, and architects can employ.

Eliminating ‘Aesthetics’ from Copyright Law: The Aftermath of Cofemel

2021 ◽  
Author(s):  
Koray Güven
Keyword(s):  
Copyright Protection ◽  
Copyright Law ◽  
The European Union ◽  
Court Of Justice ◽  
Applied Art ◽  
Copyright Laws ◽  
The One ◽  
Works Of Applied Art ◽  
Functionality Doctrine ◽  
The Eu

Abstract The recent Cofemel judgment of the Court of Justice of the European Union extended the European Union’s (EU) originality criterion (i.e. the author’s own intellectual creation) to the realm of works of applied art. The Court excluded ‘aesthetically significant visual effect’ as a condition of copyright protection. It was condemned as subjective and incompatible with the EU originality criterion. The decision may signal a shift in several national copyright laws, under which requirements relating to ‘aesthetics’ are laid down as a condition to acquire protection. This article will demonstrate that the ‘aesthetics criterion’, as it emerged historically and has been employed in national copyright laws, is associated with a different meaning than it conveys at first glance. The aesthetics criterion designates the elbow room remaining to the author after functional constraints have been taken into account, and thus represents a form of the functionality doctrine in the domain of copyright law. However, to some extent it also excludes – though not uniformly – commonplace designs from the scope of copyright protection. Against this background, this article suggests that the aesthetics criterion can arguably be reconciled with the EU originality criterion. The aesthetics criterion represents a balance struck between the need for copyright protection in the field of applied arts, on the one hand, and competition, on the other. In order not to upset this careful balance, a robust application of the EU originality criterion is advocated, precluding protection not only to functionality, but also to commonplace creations.

scholarly journals Tinjauan Anatomi Layout Halaman Republika Epaper

Humaniora ◽  
2012 ◽  
Vol 3 (2) ◽  
pp. 593
Author(s):  
Suprayitno Suprayitno
Keyword(s):  
High Growth ◽  
Internet Technology ◽  
Digital Form ◽  
Basic Principles ◽  
Page Layout ◽  
Digital Version ◽  
Technological Developments ◽  
The Media ◽  
Output Only ◽  
Digital Newspaper

Communities are increasingly familiar with Internet technology became one of the reasons for the rapid growth of digital newspaper in Indonesia. The ability of the media presents news in brief, fast, accessible and inexpensive form the basis of high growth of consumer interest in digital newspaper / electronic. Technological developments, triggering changes to the newspaper that had shaped the physical print later developed in digital form. In principle, newspaper print and digital newspapers contain messages or the same news, namely providing information to readers about the actual and weighted, as well as other light information that is entertainment. Review the anatomy of the digital newspaper layout is a study to trace and explore what and how the anatomy of a newspaper page layout, at least to provide information and understanding of the anatomy of the layouts in outline. Process layout in the digital version is no different from print media, which distinguishes its output only. In the process to any design layout of a medium, a designer is still expected to possess and master the basic principles such as layout hierarchy, emphasis, balance, and unity. 

scholarly journals FROM ARCHIVE DOCUMENTATION TO ONLINE 3D MODEL VISUALIZATION OF NO LONGER EXISTING STRUCTURES: THE TURIN 1911 PROJECT

2020 ◽  
Vol XLIII-B2-2020 ◽  
pp. 837-844
Author(s):  
D. Einaudi ◽  
A. Spreafico ◽  
F. Chiabrando ◽  
C. Della Coletta
Keyword(s):  
Cultural Heritage ◽  
3D Model ◽  
3D Models ◽  
World's Fair ◽  
Existing Structures ◽  
Present Generation ◽  
Technical Issues ◽  
Digital Documentation ◽  
3D Documentation ◽  
Model Visualization

Abstract. Rebuilding the past of cultural heritage through digitization, archiving and visualization by means of digital technology is becoming an emerging issue to ensure the transmission of physical and digital documentation to future generations as evidence of culture, but also to enable present generation to enlarge, facilitate and cross relate data and information in new ways. In this global effort, the digital 3D documentation of no longer existing cultural heritage can be essential for the understanding of past events and nowadays, various digital techniques and tools are developing for multiple purposes.In the present research the entire workflow, starting from archive documentation collection and digitization to the 3D models metrically controlled creation and online sharing, is considered. The technical issues to obtain a detail 3D model are examined stressing limits and potentiality of 3D reconstruction of disappeared heritage and its visualization exploiting three complexes belonging to 1911 Turin World’s Fair.

scholarly journals INTERACTIVE IMMERSIVE VIRTUALMUSEUM: DIGITAL DOCUMENTATION FOR VIRTUAL INTERACTION

2018 ◽  
Vol XLII-2 ◽  
pp. 251-257 ◽  
Author(s):  
P. Clini ◽  
L. Ruggeri ◽  
R. Angeloni ◽  
M. Sasso
Keyword(s):  
Virtual Reality ◽  
Cultural Heritage ◽  
3D Models ◽  
Fragile Sites ◽  
Virtual Space ◽  
Public Access ◽  
Immersive Virtual Reality ◽  
Educational Approach ◽  
Digital Documentation ◽  
Roman Forum

Thanks to their playful and educational approach Virtual Museum systems are very effective for the communication of Cultural Heritage. Among the latest technologies Immersive Virtual Reality is probably the most appealing and potentially effective to serve this purpose; nevertheless, due to a poor user-system interaction, caused by an incomplete maturity of a specific technology for museum applications, it is still quite uncommon to find immersive installations in museums.<br> This paper explore the possibilities offered by this technology and presents a workflow that, starting from digital documentation, makes possible an interaction with archaeological finds or any other cultural heritage inside different kinds of immersive virtual reality spaces.<br> Two different cases studies are presented: the National Archaeological Museum of Marche in Ancona and the 3D reconstruction of the Roman Forum of Fanum Fortunae. Two different approaches not only conceptually but also in contents; while the Archaeological Museum is represented in the application simply using spherical panoramas to give the perception of the third dimension, the Roman Forum is a 3D model that allows visitors to move in the virtual space as in the real one.<br> In both cases, the acquisition phase of the artefacts is central; artefacts are digitized with the photogrammetric technique Structure for Motion then they are integrated inside the immersive virtual space using a PC with a HTC Vive system that allows the user to interact with the 3D models turning the manipulation of objects into a fun and exciting experience.<br> The challenge, taking advantage of the latest opportunities made available by photogrammetry and ICT, is to enrich visitors’ experience in Real Museum making possible the interaction with perishable, damaged or lost objects and the public access to inaccessible or no longer existing places promoting in this way the preservation of fragile sites.

scholarly journals BIM Open Source Software (OSS) for the documentation of cultural heritage

2016 ◽  
Vol 7 (15) ◽  
pp. 28 ◽  
Author(s):  
Sotiris Logothetis ◽  
Efstratios Stylianidis
Keyword(s):  
Cultural Heritage ◽  
Open Source ◽  
Software Industry ◽  
3D Models ◽  
Design Data ◽  
Industry Foundation Classes ◽  
Digital Reconstruction ◽  
Building Information ◽  
Recent Developments ◽  
Digital Documentation

<p class="VARAbstract">The Building Information Modelling (BIM) software enables the users to communicate and design, understand appearance, performance and cost in the spatial and urban design process. Another important use of the BIM technology is the documentation and 3D reconstruction of cultural heritage monuments. The appropriate BIM software equips the users with tools to easily capture and analyse concepts and maintain the coordination of design data through documentation and 3D modelling. Many developments come up in the BIM field and software industry for design, construction-reconstruction, restoration and management of the cultural heritage 3D models, using BIM tools; mainly commercial as well as free or open source. Nevertheless, recently the growing popularity of open source has altered the landscape in software industry, as they attract many users.</p><p class="VARAbstract">This paper presents a review of some recent research on the topic. We review the recent developments focusing on the OSS that can be used at various stages of BIM process in the digital documentation of cultural heritage. The results show that there is more preference in the commercial software due to the fact that the OSS is not yet complete and covers all stages of the BIM process. However, lately we have the Edificius in architectural BIM design and “BIM Vision” as Industry Foundation Classes (IFC) model viewer that try to attract as many users as possible. These tools are free and they could well be used for the digital reconstruction of cultural heritage.</p>

時尚設計著作權可分離性論戰──以美國Star Athletica案為核心

2019 ◽  
Vol 18 (18) ◽  
pp. 215-281
Author(s):  
許炳華 許炳華
Keyword(s):  
Supreme Court ◽  
Copyright Protection ◽  
Apparel Industry ◽  
Copyright Law ◽  
Judicial System ◽  
Fashion Industry ◽  
Single Test ◽  
New Approach ◽  
The Supreme Court ◽  
Difficult Area

美國著作權法之概念上分離自1954年起即引發時尚業及司法實務之混亂，在著作權法之範疇，將美感與實用放在一起總是引發違和之感覺，實用性物品之可著作性為今日著作權法最艱難的爭議之一，「可分離性」原則即被用以處理上開疑難，然而該等原則描述容易，適用卻是困難，而多種現存之概念上分離的標準，使得著作權對於實用性物品之保護成為著作權法中最困難之領域，單一之標準容或降低司法實務間之緊張關係，而得以提供穩定之先例及可預測之結果。美國聯邦最高法院在最近之Star Athletica, L. L. C. v. Varsity Brands, Inc.案即被認為有釐清上開難題之機會，Star Athletica案提出可分離性之新途徑，著作權法並未定義可分離性，Star Athletica案可謂司法意欲填補該等模糊空間最新之嘗試，然而仍被批評所提出之標準缺乏明確性及清晰之指引，多數意見僅僅對法條加以釋義，且對於功能性之理論視若無睹。不過，Star Athletica案亦被認為對於時尚及配件產業，可謂恩賜，如果寬鬆地適用Star Athletica案最高法院所提出之新標準，有可能具備藝術特徵之實用性物品獲得著作權保護之機會將大增。 Conceptual separability in U. S. copyright law has been causing confusion in the fashion industry amongst American since 1954. In copyright law, the marriage of beauty and utility often proves fraught. One of the most difficult issues arising under the Copyright Act today is the copyrightability of useful articles. Seperability doctrine is used to deal with the issues. The doctrine has been easy to state but difficult to apply. The numerous existing tests for conceptual separability have made copyright protection of useful articles an exceedingly difficult area of copyright law. A single test for conceptual separability would alleviate conflict and tension with the judicial system, which would provide firm precedent and predictable outcomes. In Star Athletica, L. L. C. v. Varsity Brands, Inc., the U. S. Supreme Court had an opportunity to clarify the issues. In Star Athletica case, the Supreme Court recently unveiled a new approach to separability. The Copyright Act does not define separability, and Star Athletica is the latest judicial effort to try to fill that void. But the reasoning of Star Athletica still lacks clarity. The majority did little more than paraphrase the statue, and downplayed the functionality concern. Even so, Star Athletica decision is predictrd to be a boon to the fashion and apparel industry.

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