Title: Digital archiving and copyright law: a comparative analysis
Authors: Dekeyser, Hannelore * ×
Lipinski, Tomas * #
Issue Date: 2007
Publisher: Keine Angabe
Series Title: International journal of communications law and policy issue:12 pages:179-224
Abstract: Existing precedent and commentator opinion reiterates that the purpose of copyright law is not to benefit
authors or owners but to benefit the public. The limited monopoly right of copyright granted to authors or owners is
a predicate to achieve that goal. The limited monopoly is a necessary and prerequisite incentive. Preservation of
and access to the body of knowledge created through the limited monopoly incentive is the ultimate goal of the
copyright system. Archives by nature and design play a critical role in the collation and preservation of the creative
societal record; its cultural heritage. Applying present copyright law principles to digital collation and preservation
processes often thwarts rather than forwards these efforts. Exceptions provided by the copyright law go may
alleviate the problem, but do not solve it. Furthermore, the recent adoption of legislative protection for copyright
management information and technical measures controlling access to and in some instances use of protected works
exacerbates rather than ameliorates the problem. In the digital age, the copyright law becomes an inadequate tool
for the preservation of the cultural record or access to that record. Present copyright exceptions may no longer be
of any consequence. In the current article two approaches of copyright towards digital archiving and dissemination
are examined and compared, namely that of U.S. law and of Belgian law, the latter being an example of
implementation of the recent EU directives harmonizing copyright law. The authors demonstrate that copyright
systems originating in the same basic policy proposition may result in different outcomes. Recent and pending
changes in both U.S. and EU systems offer opportunity for policy-makers to enrich their own processes by
understanding the success as well as shortcomings of these comparative outcomes.
ISSN: 1439-6262
VABB publication type: VABB-1
Publication status: published
KU Leuven publication type: DI
Appears in Collections:Research Unit KU Leuven Centre for IT & IP Law (CiTiP)
* (joint) first author
× corresponding author
# (joint) last author

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