Tymoteusz Barański (The National Library of Poland)
Copyright, one of the youngest institutions of private law, is made obsolete constantly, being unable to keep pace with technological progress. Memory institutions have a rich history that can be traced back to ancient civilizations. The existence of a formally articulated, effective copyright law should not be considered as a condition for the development of such institutions. Copyright represents a property-based model, as it establishes a legal monopoly of a rightsholder to decide on the use of a work (“propertization” of the copyright law). Yet this legal concept has been challenged in scholarship, especially in the context of the mission of memory institutions.
European Union law establishes several exceptions to a rightsholder’s monopoly with the aim of ensuring the fulfilment of this mission. These exceptions are, consequently, included in member states’ copyright laws. Thus, the connection between the mission of memory institutions and copyright can be considered as one of the important aspects of the relationship between these institutions and the state. Does EU (and in consequence member states’) copyright law play a neutral, enabling or hindering role in documenting and preserving cultural heritage and shaping the collective memory?