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DIGITALIZATION OF THE CULTURAL HERITAGE AND ITS (PROSPECTIVE) FUTURE DEPENDING ON THE FOLLOWING OF PUBLIC AND PRIVATE INTERESTS (Slovak title below)

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Adamova Z.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

2010

vol. 93

issue 4

312-322

(Slovak title: Digitalizacia kulturneho dedicstva a jej (perspektivna) buducnost v zavislosti od sledovania verejnych a sukromnych zaujmov). The article provides some considerations on copyright protection at national and European level in the context of digitalization of cultural heritage. It is focused on the interpretation of the three-step test as the most important instrument to balance private and public interests in copyright; it defines possibilities of application of copyright exceptions and limitations within national and European digital projects. The article tries to stress out that copyright is now increasingly focused on the interests of secondary right holders to protect their investment. However, neither the author should be in a position to control all uses of his work; some interference is tolerated to the extent they are justified by the interests which are overriding interests of the right holder. In this regard, it is necessary to find the lost balance between the interests of authors, secondary right holders, users and the general public. In the context of digitalization of the cultural heritage it is essential to promote the public interest - the preservation of cultural heritage.

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1 Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

1 2010

1 Adamova Z.

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DIGITALIZATION OF THE CULTURAL HERITAGE AND ITS (PROSPECTIVE) FUTURE DEPENDING ON THE FOLLOWING OF PUBLIC AND PRIVATE INTERESTS (Slovak title below)