Digitalisation of orphan works in the spirit of EU directives

• Pages: 18-26

18

Vol. 7 No.1

May, 2021

Balkan Journal of Interdisciplinary Research

IIPCCL Publishing, Graz-Austria

ISSN 2410-759X

Acces online at www.iipccl.org

Digitalisation of orphan works in the spirit of EU directives

Assoc. Prof. Ilda Melo (Kovaçi)

University of Tirana, Albania

Dr. Nadia Rusi

University of Tirana, Albania

Abstract

Free movement of goods and services, the speed of their exchange as a result of rapid

technological developments, the digitalization of aspects of life, as well as changes in lifestyle

are the features of the digital age. The digitalization has brought rapid and widespread access

to public services only at the cost of Internet access as well as new development opportunities

for business. The process of digitalization in various sectors of the economy has included the

products of intellectual creativity as well.

A large number of works of art, books or periodicals, old newspapers, a large part of which are

classied as cultural or historical heritage, part of the national archives or libraries collections

are in the process of digitalization in the framework of restoration, maintenance and their

revitalization, with the aim of digitalization and making available to the public. Along its path,

the digitalization process oen faces problems that hinder his progress.

In the paper we will mention some of the legal problems related to the use of orphan works

for the purpose of digitalization, dierent legal solutions with a focus on EU Directive 2012/28

On certain permied uses of orphan works.

Keywords: Orphan works, copyright, reproduction, digitalization, and directive.

Introduction

Free movement of goods and services, the speed of their exchange as a result of rapid

technological developments, the digitalization of aspects of life, as well as changes in

lifestyle are the features of the digital age living today. The digitalization process has

brought rapid and widespread access to public services only at the cost of Internet

access as well as new development opportunities for business. Nowdays this access

is essencial, due to restrictions on physical movement of people dealing with the

covid-19 pandemic situation. A good part of the businesses have adapted the online

performance of their commercial activities, a large part of the services are provided

through the online system (e-services) thus adapting to the conditions dictated by the

pandemic.

The process of digitalization in various sectors of the economy has included the

products of intellectual creativity as well.

Due to the old technology used at the time of their production, a large number of

audiovisual works are in the process of digitization for the purpose of transmission

to the public.

A large number of works of art, books or periodicals/ old newspapers, a large

part of which are classied as cultural or historical heritage, part of the national