The Principle of Access to Cultural Heritage in Relation to Intellectual Property Law: The Challenges in the post-OVID World
The Principle of Access to Cultural Heritage in Relation to Intellectual Property Law: The Challenges in the post-OVID World

Author(s): Małgorzata Węgrzak
Subject(s): Social Sciences, Law, Constitution, Jurisprudence, Museology & Heritage Studies, Library and Information Science, Civil Law
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: cultural heritage law; cultural heritage; intellectual property law; artificial intelligence; digitization; principles of law
Summary/Abstract: The aim of this paper is to discuss the connections between cultural heritage and intellectualproperty law and their challenges in the post-crisis environment. In view of the newdigital possibilities in particular in accessing, preservation, safeguarding and popularizationof cultural heritage the intellectual property-related issues raise challenges. The author argues that achievement of the new technology in cultural heritage andcultural industries requires balance between development of digitization and providingthe access to culture and necessity of respecting the intellectual property rights. The searchfor a compromise between the public interest and the rights of creators falls within thedebate between liberalism and communitarianism and affects the approach to culturalheritage law. The most important is to ensure that new technologies and artificial intelligence(AI) will safeguard rather than threaten human rights, fundamental principles andcultural values.

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