Public discourse states that copyright protects the creators of creative works. Intellectual property rights (like copyright) offer creators of cultural expressions the possibility to commercially exploit their works for a limited amount of time. Only when these legal restrictions expire, others can freely adapt and distribute intellectual property without explicit permission of the rights holders. In practice we are continuously confronted with these complex intellectual property laws that make determining the status of a work vested with copyright or similar rights very difficult.
This week Kennisland and our partners the National Library of Luxembourg and the Institute for Information Law (IViR) (re)launched OutOfCopyright.eu. OutOfCopyright.eu answers the question whether copyright or similar rights in a work have expired. Our renewed platform is based around a new infrastructure that enables ++Reforming copyrightRead more in our case on a strong public domain. and presents new research on rights created during digitisation.
Back in 2011 we performed extensive comparative legal research on the term of protection on intellectual property. This resulted in several papers and ++Out of Copyright archiveThese are still available at archive.outofcopyright.eu.. Our calculators use basic provenance information to determine the copyright status of a work. Contrary to popular believe copyright and similar rights did not stand still since that time. A new EU directive and changes to local legislation called for an update of our calculators. Our new platform reacts more flexible to these changes. It also helps us to widen the involvement of researchers, developers and heritage institutions. Each of them can adjust calculators and use APIs to integrate our new tools into institute specific workflowsDetermine the rights status of your entire collection..
Rights created during digitisation
The platform also reacts to new questions in the field of copyright determination. Over the past years heritage institutions have digitised large parts of their collections. They are often unsure whether new rights are created during the digitisation process itself. This sometimes leads to copyright claims where works are not longer vested with copyright.++Originality and derivative worksRead the outcomes of the research here. by Thomas Margoni (IViR) guides heritage institutions through questions like: If an analog work in the public domain is digitised, is the digital work also in the public domain? and What happens with copyrights when you digitise copyright protected works?.
We designed interactive maps that provide provisional answers to these questions. We invite you to look at three different methods of digitisation and see if new rights are created in your jurisdiction.
Do you want give feedback, use our tools within your institution or if you have questions, please contact us at firstname.lastname@example.org.