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2:52 pm
May 4, 2011
Although the potential benefits offered by digital technologies for archiving cultural entities are already being explored by cultural institutions throughout the world, in many countries, including New Zealand, archiving law is struggling to keep up with technology.
Cultural heritage institutions are increasingly becoming important online entities. The digitisation of collections permits wider public accessibility, facilitates activities such as digital repatriation, and is sometimes used to raise funds for the institution. Howeve there are many legal and ethical issues. These include the inadequacy of the 'archiving exceptions' in copyright law, the potential revival of copyright protection in 'public domain' entities caused by their digitisation and the institutional ownership of that copyright, the offsite storage of digitised collections, sometimes on overseas servers, and the lack of legal provision for copyright orphan works. In particular many of the earliest 'born digital' cultural works are orphans and are likely to physically deteriorate before they can legally be preserved by digital archiving.
Re the point about inadequacy of exceptions in copyright law for archived material, I recentlly chanced across the proposals in the TVNZ bill to allow access to archived works - http://www.legislation.govt.nz.....DLM2411876
When I first heard of it, I thought, great, a NZ orphaned works regime (which we definitely need to explore as a foil to the land grabs siuch as Googlebooks) - but no, it seems fatally flawed to me because the chnages introduced by the Select Committee seem to rquire TVNZ to have all the rights anyway - so what's the point?
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