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The Role of IP in Controlling Digital Cultural Heritage
Intellectual property laws, particularly copyright laws, play a crucial role in controlling digital cultural heritage. Creators and owners of cultural artifacts are given legal protection by copyright laws, allowing them to regulate how their works—including digital cultural heritage—are used and shared. Additionally, inventions and brands are legally protected by patents and trademarks, which might encompass digital cultural objects.
However, the control over digital cultural heritage can also be contentious. Many cultural artifacts are subject to multiple layers of ownership and control, including copyright, moral rights, and cultural heritage laws. This can create complex legal frameworks that limit access and use of cultural heritage, particularly for marginalized communities. Furthermore, digital technologies have enabled the easy replication and distribution of cultural artifacts, which can make it difficult to control their use and dissemination.
Many countries have developed legal frameworks that enable limited exceptions to copyright laws for educational, research, and public interest purposes⁵⁶. These exceptions can enable the digitization and dissemination of cultural heritage while still providing some protection for creators and owners⁵⁷.
The Role of Cultural Institutions in Controlling Digital Cultural Heritage
Controlling digital cultural heritage is a responsibility shared by cultural organisations. Cultural institutions are in charge of maintaining, preserving, and disseminating cultural items in both physical and digital form⁵⁸. They also play a vital role in promoting cultural diversity and education by making cultural heritage accessible to a wide audience.
Cultural institutions can create guidelines and best practices for the administration and sharing of digital cultural property in order to achieve this balance. These guidelines can help to encourage responsible and ethical practices in the management of digital cultural property by addressing concerns including ownership, access, and preservation.
Access to and ownership over digital cultural property are in conflict, which is a complicated and continuing problem that necessitates continual attention and action. The ownership, use, and distribution of digital cultural material are governed by intellectual property laws and cultural institutions, but there are other aspects to take into account going forward⁵⁹.
Engaging Communities and Stakeholders
Engaging communities and stakeholders in the process is essential for fostering access to and control over digital cultural assets. Communities and stakeholders can provide valuable insights and perspectives on how cultural heritage should be managed, preserved, and disseminated. They can also help to identify cultural artifacts that are of particular significance to their communities and advocate for their preservation and dissemination.
To engage communities and stakeholders effectively, cultural institutions and policymakers must develop inclusive and participatory processes for decision-making. Indigenous communities and other marginalized groups, who may have a particular interest in the preservation and transmission of their cultural legacy, can be consulted and worked with in this process. Partnerships with stakeholders who may provide knowledge and resources to promote the protection and transmission of digital cultural material may also be involved. These stakeholders include civil society organizations.
Investing in Digital Infrastructure
Investing in digital infrastructure is another critical aspect of promoting access to and control over digital cultural heritage⁶⁰. Digital infrastructure includes hardware, software, and networks that enable the creation, preservation, and dissemination of digital cultural artifacts. Investing in digital infrastructure can help to address technical barriers to accessing and using digital cultural heritage, including proprietary formats and DRM technologies.
The creation of new tools and platforms for the administration and transmission of digital cultural assets can also be made possible by investing in digital infrastructure ⁶¹. For example, the development of open-source software and standards can enable institutions to develop their own digital preservation and dissemination systems, rather than relying on proprietary technologies.