Digitization of Cultural Heritage under EU Copyright: Digitizing the Past to Enable Access and Innovation for the Future

Digitization of the collections of libraries and archives has enabled access to and availability of cultural heritage to an extent previously unknown. From enhancing accessibility of orphan and out-of-print works to enabling modern research opportunities, such as text mining, data analytics and artificial-intelligence generated research, digitisation can provide significant support to conservation, renovation, research, study and promotion of cultural assets. Despite its benefits for education, enjoyment or re-use of copyright works, including use towards innovation and the development of new knowledge, digitization of cultural heritage challenges copyright law. This contribution discusses these challenges, comments on the legislative efforts that have taken place in the European Union with a view to enable digitization initiatives and offers normative insights on aspects that require further legislative attention to fully embrace the potential of digital cultural heritage towards enhanced access and innovation.