Deliverable 3.5 – A white paper with legal recommendations

Disclaimers: This version 1.0. of the White Paper is the version created on the basis of the results of work in the project to date. The views and recommendations presented therein are therefore of a temporary nature, and may change in the further course of the project. The final version 2.0. of the recommendation will be prepared at the end of the project, after collecting the final results of the
research work in all the work packages. In particular, the final version 2.0. of the recommendation will be supplemented with the results of empirical research carried out under WP1 on re-use and analytical work on the legal evaluation of the applicable regulations carried out under WP2.

This deliverable - White Paper with legal recommendations - summarises legal recommendations resulting from the analysis conducted in the inDICEs project addressing the European Commission and other policy makers active in the field of cultural heritage. The White Paper consists of three main parts: assumptions for legal recommendations, legal recommendations based on the work performed through a comparative cross-national legal analysis (WP2), legal recommendations based on value chains analysis - an outcome of the policy analysis. The basis for the development of these recommendations was the analytical work carried out as part of the inDICEs project. An important point of reference for the recommendations presented here was the understanding of the socio-economic values generated in the area of digital cultural heritage following the Culture 3.0 paradigm, which blurs the boundaries between producers and users, and thus makes it necessary to redefine the role of copyright itself and its normative shape in the new realm. To this end, the White Paper is based on three assumptions. It indicates, against the background of the traditional understanding of the role of copyright, the need to treat works not as property, but as heritage. Furthermore it relies on the culture cycle UNESCO approach providing the public mission carried out by cultural heritage institutions (CHIs) as of particular importance. Finally, the recommendations place the proposed changes in the copyright system in the context of the right to culture notion.