Empowering the Socio-Economic Impact of Cultural Heritage Reuse: In Search of a New Regulatory Approach to Copyright

Abstract The aim of this article is to examine copyright law in the context of its appropriate regulation with respect to cultural heritage. The article distinguishes between two regulatory approaches to this relationship: the traditional regulatory approach (TRA) and the new regulatory approach (NRA). The analysis is based on the findings of the inDICEs project and a review of the literature. The results suggest that assumptions made regarding four areas – cultural heritage as property, the linear model of creativity, the exceptional nature of exceptions and limitations, and direct economic values – significantly impact the regulation of the relationship between copyright law and cultural heritage. The NRA challenges these assumptions by positing that intangible goods can be both works and elements of cultural heritage, which necessitates considering a broader social and cultural context when determining the rules for their use. Additionally, it incorporates the circular model of creativity proposed by UNESCO and the indirect socio-economic values generated through active cultural participation. This approach also considers the Culture 3.0 model developed by Sacco. Furthermore, the NRA assumes that copyright rights are internally limited by exceptions and limitations, which play an equally important role as exclusive rights. In this context, the article presents the European Instrument for ensuring access to and the (re)use of cultural heritage resources. This instrument aims to enable cultural heritage institutions (CHIs) to fulfill their public mission while respecting creators’ rights to remuneration. The article emphasizes the need to adapt copyright law to changing conditions and take into account various interests, including those of users and cultural heritage institutions.