The European digital library (Europeana). Concerns related to intellectual property rights

Author:Marta Christina Suciu - Mina Fanea Ivanovici
Position:Bucharest University of Economic Studies - Bucharest University of Economic Studies
Pages:244-259
The European digital library (Europeana).
Concerns related to intellectual property rights
Professor Marta-Christina SUCIU
1
Associate professor Mina FANEA-IVANOVICI
2
Abstract
The current technological and scien tific revolution taking place within the larger
context of knowledge and innovation ba sed society and economy has changed all aspects of
life, including those related to cultural content consumption, creation, access and
distribution. Although art galleries, libraries, archives and museums will continue to exist
and function in a physical form, there has been no ticed a trend is to preserve and provide
access to world cultural heritage by means of digital libraries. Amon g the European
objectives included in the Europe 2020 Strategy we find the digitisation of cultural content
and the development of a library that can store and preserve Europea n culture
Europeana. The main objective of this paper is that of debating the main stakes of access to
digitised cultural content, such as it is found in digital libraries, A particular focus is set on
the issue o f intellectual property rights. The study specifically refers to the case of the
European Digital Library, Europeana. The main scientific research method used in the
paper is the critical analysis of IP legal regulations. Thus, we debate the ma in implications
of these regulations for the process of digitisation, and we next identify the main current
legal opportunities for and obstacles in the way of cultural content digitisation.
Keywords: intellectual property rights, digitisation, cultural content, Europeana .
JEL Classification: K11, K19, O34, Z19
1. Introduction
During the last decades of the 20th century we were the witnesses of a
significant development of the information society, which led to major changes in
the field of information and communication technologies (ICT) and to their use in
all aspects of economic, social and cultural life
3
. In the European Union
4
1
Marta-Christina Suciu - Bucharest University of Economic Studies, christina.suciu@economie.
ase.ro.
2
Mina Fanea-Ivanovici - Bucharest University o f Economic Studies, mina.ivanovici@economie.
ase.ro.
3
Access to culture project Digital Library of Romania, PODCA.
4
A Digital Agenda for Europe , COM (2010) 245/ 19.05.2010, Communication of the Commission to
the European Parliament, Council, European Economic and Social Committee and Co mmittee of the
Regions.
Juridical Tribune Volume 8, Issue 1, March 2018 245
digitisation of cultural resources is considered a key factor that will contribute to
the improvement of accessibility and the continuous flow of data and knowledge in
a society and economy that are based more than ever on innovation and knowledge.
Digitisation of cultural resources and the existence of a unique platform within a
digital library have a huge economic, social and cultural potential, which can lead
to increased competitiveness in Europe. Large scale use of ICT and facilitating
access to public services, including to cultural content services, are part of the
Europe 2020 Strategy, which promotes a smart sustainable and inclusive
development.
Creative and cultural sectors are seen as a drive for smart sustainable and
inclusive growth and are at the heart of the Europe 2020 Strategy. One of the
Strategy pillars is the European Digital Agenda, which refers the creation and
development of a European Digital Library, Europeana
According to Calimera Guideslines
5
the digitisation mainly consists in:
Transposing a document from a traditional format into a digital format;
Organising digitised documents and including them in databases or
systems.
2. The European Digital Agenda and the Digital Economy and Society
Index (DESI)
The European Commission prepared an annual report named "i2010 a
European information society growth and employment ", which included the 27 EU
member states, Norway and Iceland. According to the report, only 18.4% of the
Romanians were using the Internet, at the specific time period when the research
was organised, on a regularly basis, compared to the European average of 46.7%,
which resulted in placing Romania on the 29th position, the last place. In addition,
the study illustrated that only one third of the Romanian households had broadband
Internet access, which placed our country on the 26th position according to this
criterion. Later on, according to the European Digital Agenda, a new
benchmarking method was adopted in the EU, which ranks EU countries based on
the Digital Economy and Society Index (DESI).
According to the most recent ranking of 2017, which was published in
March 2017, as concerns the Digital Economy and Society Index
6
, Romania is part
of the low performing cluster. The Digital Economy and Society Index (DESI) is a
composite aggregate index
7
, and it is calculated by the European Commission (DG
5
Calimera Guideslines, http://www.calimera.org/lists/guideslines/digitisation (last consulted on
10.11.2017).
6
http://ec.europa.eu/digital-agenda/en/digital-agenda-scoreboard (last consulted on 10.11.2017).
7
https://ec.europa.eu/digital-single-market/en/desi (last consulted on 10.11.2017).

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