“On 17 May 2019 the Directive on Copyright in the Digital Single Market was published in the Official Journal of the European Union. Member States have until the 7 June 2021 to implement the new rules into national law. In this explainer, Paul Keller, Policy Advisor to Europeana Foundation breaks down the changes these new rules bring to Europe’s Cultural Heritiage insitutions. …
Article 14 of the directive clarifies a fundamental principle of EU copyright law. The article makes it clear that “when the term of protection of a work of visual art has expired, any material resulting from an act of reproduction of that work is not subject to copyright or related rights, unless the material resulting from that act of reproduction is original”. In other words, the directive establishes that museums and other cultural heritage institutions can no longer claim copyright over (digital) reproductions of public domain works in their collections. In doing so the article settles an issue that has sparked quite some controversy in the the cultural heritage sector in the past few year and aligns the EU copyright rules with the principles expressed in Europeana’s Public Domain Charter….
Finally the DSM directive introduces not one but two new Text and Data Mining exceptions (Articles 3 & 4) that will need to be implemented by all Member States. The first exception (Article 3) allows “research organisations and cultural heritage institutions” to make extractions and reproductions of copyright protected works to which they have lawful access “in order to carry out, for the purposes of scientific research, Text and Data Mining”. Under this exception cultural heritage institutions can text and data mine all works that the have in their collections (or to which they have lawful access via other means) as long as this happens for the purpose of scientific research.
The second exception (Article 4) is not limited to Text and Data Mining for the purpose of scientific research. Instead it allows anyone (including cultural heritage institutions) to make reproductions or extractions of works to which they have lawful access for Text and Data Mining regardless of the underlying purpose. …”