Autorsko pravo kao prepreka opsežnoj digitalizaciji kulturne baštine
Copyright as an Obstacle to Mass Digitization of Cultural Heritage

Summary/Abstract: Although libraries have always possessed works protected by copyright in their collections copyright legislation became an extremely important topic for librarians only in the digital era. Namely, digitisation is both an act of reproduction and an act of making a work available to public and for both acts the author's permission is required. When individual works are digitised, individual clearing of rights is still feasible, but mass digitisation (of e.g. old newspapers, collections of photographs or postcards) which presupposes timely identification and location of authors and other rightholders requires too much time and effort for libraries, what also means it requires an extra cost. Therefore in the European Union adequate solutions which would allow mass digitisation and quick rights clearing are searched for. The EU Directive on certain permitted uses of orphan works, i. e. of works whose authors cannot be determined and/or located might be a possible solution. Another possible solution is an extension of present exceptions and limitations to copyright legislation. A proposal of such treaty containing exceptions and limitations required by libraries and archives had been proposed by IFLA in 2010 and presented to WIPO for adoption. Other possible solutions have been mentioned in the paper.

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