Journal article Open Access

D5.1 Report on the existing legal framework for Galleries and Museums (GM) in EU

Caso, Roberto; Dore, Giulia; Arisi, Marta

Project member(s)
Sganga, Caterina; Priora, Giulia; Guarda, Paolo

The present report is one of two deliverables drafted for the purposes of Task 5.1 - European legal framework for GLAM industries: from closure to Openness of the reCreating Europe’s Work Package (WP) 5, which aims at providing a map of EU and national copyright provisions that have an impact on digitisation practices by Galleries, Libraries, Archives, and Museums (GLAMs). This report focuses on Galleries and Museums (GM) and builds on the first deliverable (D5.2 Report on the existing legal framework for Libraries and Archives (LA) industries in EU) – dedicated to Libraries and Archives (LA) and delivered in Month 12.

The analysis specifically purports to complete the picture of copyright regulation from the perspective of the GLAM sector, as well as to further deepen the analysis adding EU and national insights to the recollection of relevant legal sources. For this reason, the report fundamentally embraces the same methodology followed by the preceding deliverable, namely a systematic legal analysis of EU and national legal sources. However, instead of looking at all EU Member States (MSs), it strategically focuses more in details on seven selected countries (Denmark, Estonia, Germany, Hungary, Ireland, Italy, The Netherlands) and one former MS (the United Kingdom) that was not considered in the former report. The targets were chosen as representative of the transposition of the CDSM and because of the interest raised by their comparison and resources for the analysis.

The present report confirms one of the findings of the former report, that is the growing relevance of sector-specific copyright exceptions and limitations at EU level, while it also emphasises the structural differences that still feature in the national implementations of EU laws and exacerbate the risk of creating legal uncertainty and impairing cross-border transactions. Overall, the analysis confirms the need for a continuing regulatory effort towards effective copyright reform tackling the needs of the GLAM sector, especially considering the opportunities related to the digital environment.

The deliverable is under acceptance by the European Commission.

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