Azərbaycan respublikasi elm və TƏHSİl naziRLİYİ

INTRODUCTION 12
2.1. Digitalization of culture- causes and effects 12
2.2. Tension between access to and control over the digital cultural heritage and the role of IP in this regard 15
2.2.1. Access to Digital Cultural Heritage 15
2.2.2. Control over Digital Cultural Heritage 17
2.2.3. Role of IP in the Tension between Access and Control 19
2.3.Exceptions and limitation: public domain and open data regime 21
CHAPTER 3. PRACTICAL ISSUES IN THE DIGITIZATION OF CULTURAL HERITAGE. INTERNATIONAL AND AZERBAIJANI EXPERIENCE 43
INTRODUCTION 43
3.1. The role of states’ national policies in the protection of digital cultural heritage 49
3.2. International and European experience (EU) 52
3.3. Digitalization of cultural heritage in Azerbaijan: current situation and perspectives 55
CONCLUSION 60
REFERENCE LIST 61

CHAPTER 1. LEGAL ISSUES OF CULTURAL HERITAGE

INTRODUCTION

A country's cultural history is essential in forming its identity and feeling of place. It includes a wide variety of material and immaterial assets, such as historic places, structures, works of art, music, and folklore. However, cultural heritage faces numerous threats, from natural disasters to human-made destruction and theft. This makes the legal protection of cultural heritage an essential issue that requires careful consideration. In this chapter, we explore the legal issues surrounding cultural heritage, including its definition and categories, the international legal framework for its protection, and the relevant intellectual property (IP) protection mechanisms. We also examine the challenges and opportunities of applying IP protection mechanisms to cultural heritage, offering insights into how best to safeguard.
LEGAL ISSUES OF CULTURAL HERITAGE
Cultural heritage is the sum of all objects, resources, and traditions that have been passed down through the centuries, are still in use now, and will be used by future generations. Cultural heritage is important because it shapes a society's identity and character through illuminating its history, traditions, and values. However, cultural heritage is not immune to legal issues, including ownership, protection, and preservation. This essay will discuss some of the legal issues surrounding cultural heritage, with in-text references to support the arguments.
One of the critical legal issues concerning cultural heritage is ownership. Disputes over the owners of several cultural heritage materials, including archaeological sites, artifacts, and works of art, have occurred. Ownership issues may exist between various nations, communities, or people. For instance, the British ambassador Lord Elgin removed a group of classical Greek marble statues from the Parthenon in Athens in the early 19th century, and they have since been on display in the British Museum. Greece has long disputed who is the rightful owner of the Marbles, claiming that they were taken illegally and should be restored. Greece and the United Kingdom continue to argue over the ownership problem, which has not yet been addressed (Sullivan, 2017¹).
Another legal issue related to cultural heritage is protection. Cultural heritage resources are often at risk of damage, destruction, or theft due to natural disasters, climate change, human activities, or armed conflicts. However, putting preservation measures into action can be difficult, especially in nations that are experiencing political unrest or armed conflict when cultural heritage is routinely targeted for destruction (Saxena, 2021)².
Preservation is another legal issue concerning cultural heritage. Preservation refers to the actions taken to maintain and conserve cultural heritage resources for future generations. Preservation measures include documentation, restoration, and conservation. Preservation is essential to ensure that cultural heritage resources are not lost due to deterioration, neglect, or obsolescence. For example, requires constant maintenance and restoration to preserve its integrity and prevent its collapse. However, when alterations are made to the original location or form of cultural heritage materials, preservation methods can sometimes be contentious. For instance, the restoration of the Buddhas of Bamiyan, two giant statues of Buddha that were destroyed by the Taliban in 2001, has been controversial, as some argue that the restoration should reflect the original statues, while others suggest that the restoration should reflect the historical and cultural context of their destruction (Mäkinen, 2020³).
Cultural legacy involves not just conserving the past but also influencing the present and the future. As argued by Kühne and Wetzel (2019⁴), cultural heritage can contribute to sustainable development by promoting cultural diversity, social cohesion, and economic growth. However, the benefits of cultural heritage can be compromised by legal issues, such as illicit trafficking, appropriation, and destruction. Illicit trafficking refers to the illegal transfer of cultural heritage resources across borders, often facilitated by organized crime networks. The trade in cultural heritage is estimated to be worth billions of dollars annually and contributes to the depletion of cultural heritage resources and the loss of their historical and cultural significance (Dewing, 2016⁵). Appropriation refers to the unauthorized use of cultural heritage resources for commercial or political purposes, often without the consent or compensation of the communities that consider them sacred or significant. Appropriation can range from the use of indigenous designs in fashion or art to the construction of hydroelectric dams on sacred sites (López, 2020⁶). Destruction refers to the intentional or unintentional damage or loss of cultural heritage resources, often as a result of armed conflicts, natural disasters, or neglect. Destruction can have devastating consequences for the communities that identify with the cultural heritage resources and for humanity as a whole (Larsen, 2018⁷).
International agreements and legal frameworks have been established to deal with these legal concerns and safeguard cultural assets. However, issues including a lack of resources, political unpredictability, and competing interests frequently make it difficult to put these legal frameworks and agreements into action and enforce them (Larsen, 2018).
In conclusion, cultural heritage is a priceless asset that merits preserving and legal protection. Legal issues such as ownership, protection, and preservation, illicit trafficking, appropriation, and destruction, have implications for the cultural heritage of communities and societies. Legal frameworks and international agreements have been put in place to address these issues, but their implementation and enforcement require the cooperation of all stakeholders, including governments, communities, and the private sector. In the end, safeguarding the continuity and diversity of human culture as well as advancing sustainable development depend on protecting and preserving cultural heritage.

1. Cultural heritage – definition and categories

Cultural heritage is the collective term for the distinctive objects, customs, and principles that have been carried down through a society or group. It includes both concrete and abstract elements of a culture, such as buildings, artifacts, historic locations, customs, traditional knowledge, and folklore. Based on its traits and nature, cultural heritage can be divided into various groups.
These artifacts serve as a tangible window into the past and shed light on a society's history and culture. Examples of tangible cultural heritage include the Taj Mahal in India, the Great Wall of China, and the Colosseum in Rome⁸.
The non-physical components of a culture, such as customary ways of doing things, shared knowledge, and traditional beliefs, are referred to as intangible cultural heritage. The arts of music, dancing, storytelling, oral traditions, and customary ceremonies are a few examples of intangible cultural heritage ⁹
Finally, cultural heritage of local significance refers to the artifacts, monuments, and cultural practices that are specific to a particular locality or community. For example, a traditional dance or a local festival would be considered cultural heritage of local significance.
Preserving cultural heritage is essential in maintaining the diversity and richness of human culture. Cultural heritage plays a vital role in shaping a society's identity and collective memory, providing a sense of continuity and connection to the past. It also serves as a means of promoting intercultural dialogue and understanding.
Further research on cultural heritage and its categories can be found in academic literature. For instance, Knudson and Waheed (2020) give a summary of the various forms of cultural heritage and how important they are to the growth of the tourism industry ¹⁰. They note that cultural heritage can be classified based on their physical or intangible nature and their historical or contemporary significance.
Similarly, Ashworth (2011)¹¹ proposes a typology of cultural heritage based on their level of authenticity and the degree of community involvement in their preservation. He distinguishes between heritage as a commodity, heritage as a resource, and heritage as a process.
Additionally, studies have emphasized the difficulties in maintaining cultural heritage, such as ownership, funding, and sustainability issues. (Rao and Raju, 202¹²).
The study of cultural heritage has also spurred discussions about how it should be represented and interpreted. The concept of heritage can be contested and subject to different perspectives, interests, and power relations (Smith, 2006¹³). Therefore, the methods in which cultural heritage is portrayed and promoted can affect the relevance and meaning attached to it.
Smith (2006) argues that heritage can be approached as a cultural process that involves negotiation and contestation of meanings and values. He proposes a framework that distinguishes between official heritage, where the state and institutions define and promote heritage, and community heritage, where local groups and individuals shape and maintain heritage.
In a similar vein, Harvey and Perry (2020) talk about how heritage interpretation affects how people perceive and comprehend cultural heritage sites. They stress the need of having visitors participate in a conversation that values different points of view and fosters critical thinking.
Overall, cultural heritage is a dynamic and multifaceted concept that encompasses a broad range of tangible and intangible aspects of human culture. Its preservation and promotion require collaborative efforts among diverse stakeholders, and its interpretation and representation are subject to contestation and negotiation. The study of cultural heritage provides insights into the complexity and richness of human societies and their histories, and it can contribute to promoting intercultural dialogue and understanding.
Tangible cultural heritage in Azerbaijan includes architectural monuments, archaeological sites, museums, and traditional handicrafts. Azerbaijan's architecture reflects its history, with influences from Islamic, Persian, and Russian styles. The Maiden Tower in Baku, a 12th-century monument, is a UNESCO World Heritage site that represents Azerbaijan's ancient defensive architecture (UNESCO, 2019¹⁴). The Palace of the Shirvanshahs, another UNESCO World Heritage site, is a 15th-century palace complex that represents the architectural legacy of the Shirvanshahs dynasty (UNESCO, 2000¹⁵). Carpet weaving is a traditional handicraft that has been practiced in Azerbaijan for centuries and is considered an important aspect of Azerbaijan's cultural heritage (Aliyeva, 2015¹⁶).
Intangible cultural heritage in Azerbaijan includes music, dance, poetry, storytelling, and traditional practices. Azerbaijani music includes both classical and folk genres and is known for its distinctive mugham style, which is a form of improvisational music based on modal scales (Rzaeva, 2019¹⁷). Azerbaijani dance includes various forms, such as the Yalli, a group dance performed in a circle, and the Lezginka, a solo dance performed by men (Aliyeva, 2015). Azerbaijani literature includes works by prominent poets and writers, such as Nizami Ganjavi and Mirza Fatali Akhundov, who have made significant contributions to the country's cultural heritage (UNESCO, 2021¹⁸).
Azerbaijan's cultural heritage can also be categorized based on its historical and regional significance. For example, the ancient city of Sheki, located in the northwestern part of the country, is known for its traditional architecture and is considered a cultural heritage site of regional significance (UNESCO, 2019). The Ateshgah of Baku, a 17th-century temple complex, represents Azerbaijan's Zoroastrian heritage and is a cultural heritage site of national significance (UNESCO, 1998¹⁹).
In conclusion, Azerbaijan's cultural heritage is a reflection of its diverse history, traditions, and values. Its tangible and intangible artifacts, practices, and knowledge contribute to the country's identity and sense of continuity. Based on its physicality, historical value, and geographical importance, Azerbaijan's cultural legacy can be divided into categories. Collaboration is necessary among a variety of parties, including the government, local groups, and foreign organizations, in order to preserve and promote Azerbaijan's cultural legacy.

1.2. Protection of cultural heritage – international legal framework

A complex web of international treaties, conventions, and agreements as well as domestic laws and regulations govern the conservation of cultural assets ²⁰
Cultural heritage preservation is a crucial concern for humanity. Cultural heritage is frequently strongly related to a people's identity and history and serves as the collective memory of a community or a country. Among other things, it consists of structures, markers, objects, and cultural landscapes. Unfortunately, a number of things, such as armed wars, natural catastrophes, urbanization, and neglect, frequently put cultural assets in danger.
The international community has created a legislative framework for the protection of cultural assets in order to confront these concerns. One of the most significant international agreements in this area is the World Heritage Convention of the UNESCO. Its goal is to locate, safeguard, and preserve the world's cultural and natural heritage places. The convention lays out rules for the administration and protection of heritage sites as well as a set of criteria for the selection of such assets.
The treaty places a strong emphasis on the need to safeguard cultural property, such as monuments, museums, and archives, and forbids using them for military reasons²¹.
This convention lays out steps to stop and thwart the smuggling of cultural property. It strives to stop the theft and looting of cultural artifacts from their original locations, as well as their unauthorized exchange and sale. The convention establishes a framework within which cultural artefacts can be recovered and returned to their countries of origin legally²².
The Nara Document on Authenticity is another important legal reference in the international framework.²³.
To support the importance and relevance of the legal references mentioned above, some examples of their application and impact can be cited. For instance, the Taj Mahal in India, the Great Wall of China, and the Serengeti National Park in Tanzania have all been designated as UNESCO World Heritage Sites as a result of the World Heritage Convention (UNESCO, n.d.). In order to safeguard cultural property and assure its preservation during armed conflict, the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict has been implemented in a number of wars, including the Bosnian War (ICOMOS, 2021²⁴).
The Nara Document on Authenticity, which places a strong emphasis on authenticity and context in the preservation and display of cultural heritage sites, has inspired heritage conservation practices all around the world (ICOMOS, 2010²⁵)²⁶. Its principles have been incorporated into national laws and regulations, such as the UK's National Planning Policy Framework and Historic Environment Scotland's Conservation Principles.
Overall, these legislative provisions have made a tremendous difference in the protection of cultural heritage around the world, and it is crucial that they continue to be used and upheld in order to preserve and maintain cultural diversity and identity.

3. Protection of cultural heritage as IP object and the most relevant IP protection mechanism in this regard

There are different forms of IP protection. Some of them may be use for the protection of cultural heritage.
GIs provide legal protection against unauthorized use of a name or symbol that refers to a particular product originating from a specific region or country, and are thus particularly relevant for the protection of traditional cultural products such as handicrafts, textiles, and food products.²⁷
The utilization of patents, which can protect traditional knowledge connected to certain cultural activities, such as traditional medicines or agricultural techniques, is another crucial method for IP protection of cultural assets. However, there are concerns about the potential negative effects of patents on the access and use of traditional knowledge, particularly by indigenous communities and other holders of traditional knowledge.
Copyright is a crucial tool for safeguarding cultural legacy, especially when it comes to works of art, music, and literature that were produced by individuals or organizations in a particular cultural setting. In addition to helping to prevent unauthorized use and exploitation of these works, copyright protection may ensure that the authors and custodians of these works be honored for their contributions to cultural heritage.
Another relevant IP protection mechanism for cultural heritage is trade secret protection, which can be used to protect traditional knowledge that is kept secret by communities or groups. Trade secret protection can help to prevent unauthorized use or disclosure of traditional knowledge by third parties and can provide an incentive for communities to continue to develop and maintain their traditional knowledge.²⁸
The adoption of these IP protection techniques for cultural material is not without its difficulties and restrictions, though. The problem of who owns and controls traditional knowledge and cultural manifestations is one of the difficulties. Traditional IP methods like patents and copyright may not always be applicable because traditional knowledge and cultural expressions are frequently collectively owned by communities and organizations rather than by individuals.
Another challenge is the potential conflict between IP protection and the principle of cultural diversity. IP protection mechanisms can sometimes be seen as limiting the ability of communities and groups to share and transmit their cultural heritage and can lead to the commodification and commercialization of cultural products and expressions.

In order to safeguard cultural heritage as an object of IP, it is crucial to establish a fair and culturally sensitive strategy that takes into account the social and cultural context of the traditional knowledge and cultural expressions that are the subject of the protection. This strategy should be based on respect for cultural diversity and human rights, and it should involve collaboration and consultation with communities.

The possibility for cultural appropriation, which is defined as the unlawful use or exploitation of components of a culture by persons or groups from outside that culture, is another crucial issue associated with the preservation of cultural heritage as an object of IP. Cultural appropriation can lead to the distortion or misrepresentation of cultural heritage and can cause harm and offense to the communities and groups that hold that heritage.²⁹
By giving legal instruments to prevent unauthorized use or exploitation of cultural assets, IP protection systems can help solve cultural appropriation. For instance, copyright can be used to stop traditional cultural expressions from being improperly incorporated into goods or services that are sold for profit. Geographical indications can be used to protect the names and symbols associated with traditional cultural products and to prevent their unauthorized use by third parties.
However, it is important to recognize that IP protection mechanisms alone cannot fully address the issue of cultural appropriation. A broader approach is needed that involves education, awareness-raising, and respect for cultural diversity and the rights of communities and groups to control their cultural heritage. This approach should involve dialogue and collaboration between communities and groups that hold cultural heritage and those who wish to use or engage with that heritage, and should be guided by principles of mutual respect and understanding³⁰.
The requirement to strike a balance between the interests of many stakeholders is another crucial factor to take into account while protecting cultural property as an object of IP. Communities and groups that hold traditional knowledge and cultural expressions may have different priorities and interests than those of the IP holders or commercial entities that seek to use or exploit that heritage. Therefore, it's crucial to create methods for preserving cultural assets that consider the requirements and viewpoints of all parties concerned.
One approach to balancing these interests is through the use of community-based approaches to IP protection. In these methods, communities and groups that possess traditional knowledge and cultural expressions actively participate in the process of creating and putting into place IP protection systems. By doing so, it will be possible to make sure that the protection of cultural heritage is influenced by the values of human rights, cultural diversity, and the requirements and viewpoints of the communities and groups involved.
Another important consideration is the need for capacity-building and support for communities and groups to effectively engage with IP protection mechanisms. Many communities and groups may lack the resources or expertise needed to effectively engage with these mechanisms, which can limit their ability to protect and promote their cultural heritage. Therefore, it is important to provide capacity-building and support to these communities and groups, including through the provision of technical assistance, training, and other forms of support³¹.

CHAPTER 2. UNDERSTANDING DIGITAL CULTURAL HERITAGE. EXCEPTIONS AND LIMITATIONS ON INTELLECTUAL PROPERTY RIGHTS FOR DIGITAL CULTURAL HERITAGE

INTRODUCTION

The digitalization of cultural heritage has opened up new avenues for preserving, sharing, and accessing knowledge about our past. The digitization of cultural heritage items, such as manuscripts, photographs, artwork, and music, has made it possible to share these materials with a global audience and preserve them for future generations. However, this method has also raised issues with ownership, control of access to digital cultural heritage resources, and intellectual property rights ³².
The causes and consequences of the digitalization of cultural heritage will be examined in this chapter, along with the conflicts between access to and management of digital cultural heritage items and the function of intellectual property (IP) in this context. The public domain and open data regimes, which try to balance the interests of IP holders with those of the larger public in accessing and utilizing digital cultural heritage assets, are two further exceptions and restrictions to IP rights for digital cultural heritage that we will also look at.

2.1. Digitalization of culture- causes and effects

The digitalization of culture refers to the transformation of traditional cultural practices, artifacts, and forms of expression into digital formats³³. This phenomenon has been driven by the proliferation of digital technologies and the internet, which have created new opportunities for cultural production, distribution, and consumption. In this essay, we will discuss the causes and effects of digitalization of culture, and examine some of the ways in which this process has transformed our relationship with cultural heritage³⁴.
Causes:
Technological advancements: The internet, social media, and mobile devices have all developed into digital technologies that have made it simpler and less expensive to produce, distribute, and access cultural content. Digital technologies have also enabled new forms of cultural expression, such as video games, virtual reality, and augmented reality³⁵.
Globalization: The spread of digital technologies has facilitated the globalization of culture, enabling people around the world to access and share cultural content from different regions and countries. This has created new opportunities for cultural exchange and dialogue.
Economic factors: The digitalization of culture has also been driven by economic factors. Digital technologies have enabled cultural industries to reach new audiences and generate new sources of revenue. They have also created new business models, such as subscription-based streaming services, that have disrupted traditional distribution channels.
Preservation: Digital technologies have also been used to preserve cultural heritage by digitizing artifacts, documents, and other cultural resources. This has made it easier to access and study these resources, while also protecting them from damage and decay.
Effects:
Democratization: People from all walks of life can now access and engage in cultural expression thanks to the democratization of access to cultural content brought about by the digitalization of culture. This has created new opportunities for marginalized communities to share their cultural heritage and for individuals to express themselves creatively³⁶.
Fragmentation: At the same time, the proliferation of digital platforms and content has also led to a fragmentation of cultural expression, with different communities and subcultures developing their own distinct forms of digital culture.
Preservation: Artifacts and records can now be preserved and protected more easily thanks to digitization, and the public, academics, and researchers can now more easily access them.
Copyright: The digitalization of culture has also raised new challenges around copyright and intellectual property. The ease with which digital content can be copied and shared has made it difficult for creators and cultural industries to monetize their work, leading to debates around fair use, piracy, and digital rights management.
Cultural appropriation: Digitalization culture has also raised new questions around cultural appropriation, as digital technologies make it easier to appropriate and remix cultural content from different sources. This has led to debates around the ethics of cultural borrowing and the responsibility of creators to respect the cultural heritage of others.
Cultural hybridization: Digital technologies have also facilitated the emergence of new forms of cultural hybridization, as different cultural traditions and practices are blended and remixed in digital environments. This has created new opportunities for cross-cultural exchange and collaboration³⁷.
Erosion of traditional cultural practices: The digitalization of culture has also been criticized for eroding traditional cultural practices and forms of expression. As digital culture becomes more dominant, traditional forms of cultural expression may be marginalized or forgotten, leading to a loss of cultural diversity and heritage³⁸.
One of the most significant effects of the digitalization of culture has been its impact on the democratization of cultural expression. Individuals from all walks of life may now access and engage in cultural expression more easily thanks to digital technologies, which has opened up new possibilities for marginalized communities to share their cultural history and for people to express themselves creatively ³⁹. For example, social media platforms like Instagram and TikTok have enabled individuals to showcase their talents and share their perspectives with a global audience, bypassing traditional gatekeepers in the cultural industries.
The democratization of cultural expression has also aided in the development of fresh types of digital culture that stand out for their inclusivity and variety. In contrast to the traditional cultural industries, which have often been dominated by a small group of gatekeepers who control what cultural content is produced and distributed, digital culture is characterized by its openness and accessibility. This has enabled a wide range of voices and perspectives to be heard, creating a more vibrant and diverse cultural landscape⁴⁰.
At the same time, the proliferation of digital platforms and content has also led to a fragmentation of cultural expression. With so many different communities and subcultures developing their own distinct forms of digital culture, it can be difficult to identify shared cultural values and practices. This fragmentation can also make it challenging for cultural industries and policymakers to respond to emerging trends and address the needs of different communities.
The preservation and accessibility of cultural artifacts and records have both been significantly impacted by the digitization of cultural property. These resources are now more available to academics, scholars, and the general public because to digital technology, which have also made it simpler to maintain and protect them. For instance, digital archives like the Digital Public Library of America and the Google Cultural Institute have made it easy to access and study cultural artifacts from all over the world, offering fresh perspectives on our common cultural history.
However, the digitization of cultural heritage has also raised new challenges around copyright and intellectual property⁴¹. Additionally, there may be ethical concerns about who should own and govern cultural heritage raised by the digitization of items and records from different cultures. Should cultural objects that were seized during colonialism from their places of origin be returned to those nations or maintained in their present museums?
The digitalization of culture has also raised new questions around cultural appropriation, as digital technologies make it easier to appropriate and remix cultural content from different sources⁴². This has led to debates around the ethics of cultural borrowing and the responsibility of creators to respect the cultural heritage of others⁴³. For example, the use of Native American headdresses in fashion shoots and music videos has been criticized as cultural appropriation, as these headdresses hold significant cultural and spiritual meaning for Native American communities.
On the other hand, digital technologies have also facilitated the emergence of new forms of cultural hybridization, as different cultural traditions and practices are blended and remixed in digital environments. This has created new opportunities for cross-cultural exchange and collaboration, enabling individuals from different backgrounds to share their perspectives and create new forms of cultural expression. For example, the emergence of K-pop as a global cultural phenomenon is a result of the blending of traditional Korean music with Western pop music and digital production techniques⁴⁴.
Despite the many benefits of the digitalization of culture, some critics have raised concerns that it is eroding traditional cultural practices and forms of expression. As digital culture becomes more dominant, traditional forms of cultural expression may be marginalized or forgotten, leading to a loss of cultural diversity and heritage. For instance, the use of conventional musical instruments and recording methods has decreased as a result of the growth of digital music creation, which may endanger their long-term viability.
To address these concerns, it is important to ensure that digital culture is developed in a way that respects and supports traditional cultural practices and forms of expression. This could involve creating spaces and platforms where traditional cultural practices can be showcased and shared with wider audiences, as well as providing support and resources for artists and creators who are working to preserve and promote traditional cultural forms.
It is also important to address the power imbalances that exist within the digital cultural landscape. Despite the democratization of cultural expression that digital technologies have enabled, the cultural industries remain dominated by a small group of gatekeepers who control what cultural content is produced and distributed⁴⁵. This can make it challenging for new voices and perspectives to be heard, and can reinforce existing power structures and inequalities.
The development of a more inclusive and varied digital cultural scene must be supported by policies and initiatives ⁴⁶. This could involve supporting emerging artists and creators from marginalized communities, promoting diversity and inclusion in cultural industries, and investing in digital infrastructure and education to ensure that everyone has access to the tools and resources they need to participate in digital cultural expression⁴⁷.

2.2. Tension between access to and control over the digital cultural heritage and the role of IP in this regard

The creation, access, and dissemination of cultural heritage have all undergone radical change as a result of the development of digital technology. Digital representations of both tangible and intangible cultural assets, including works of literature, music, film, and historical artifacts, are referred to as digital cultural legacy. It provides unprecedented opportunities for preserving, sharing, and promoting cultural heritage to a global audience. The conflict between control and access to digital cultural material has, nevertheless, escalated in recent years. The ownership and use of digital cultural assets are governed by intellectual property (IP) regulations, which are of utmost importance in this context. In this essay, the conflict between ownership and control of digital cultural heritage—as well as the role of IP in this—will be examined.

2.2.1. Access to Digital Cultural Heritage

To advance cultural diversity, education, and research, access to digital cultural assets is crucial. The digital revolution has democratized access to cultural heritage, enabling people worldwide to view, study, and enjoy cultural artifacts that were once inaccessible. Digital technologies have also enabled the preservation of cultural heritage by creating high-quality digital replicas that can be shared and accessed remotely⁴⁸.
However, access to digital cultural heritage is not without its challenges. Many cultural artifacts are subject to copyright laws, which can limit their accessibility. Copyright owners can restrict access to their works by requiring payment or permission to use them. This can limit the ability of individuals and organizations to use and share cultural heritage, particularly for educational and research purposes. Additionally, the ability of museums, libraries, and other cultural organizations to digitize and disseminate their collections may be constrained by copyright regulations.
In addition to copyright laws, access to digital cultural heritage can also be limited by technical barriers. Digital cultural artifacts may be stored in proprietary formats that are difficult to access or require specialized software to view. This can create barriers to accessing and using digital cultural heritage, particularly for individuals and organizations with limited resources or technical expertise⁴⁹.
Work has been done to create open standards and solutions for the preservation and sharing of digital cultural material in order to overcome these technical obstacles. The International Image Interoperability Framework (IIIF), for instance, is an open standard that enables institutions to share excellent digital photographs of cultural items in a standardized format that is simple to access and see using a web browser. The use of open standards and technologies can help to promote interoperability and facilitate access to digital cultural heritage⁵⁰.