With VR、Blockchain、5G，Protection of Cultural Heritage、Research、Various institutions related to related institutions have begun to expand its activities fields to digital space，Efforts to do a good job of digitalization of collections，Hope to provide open service for the public。But in accordance with the relevant regulations in the field of copyright，Digitalization and spreading to the public that the collection of collections that are still protected by copyright must be permitted by the right holder。The copyright protection period of the natural person's work is calculated by the author's 50 years after the author's life.，Therefore, most modern works in the 20th century are still protected by copyright，This has a certain impact on the digitalization of cultural heritage。If the content of cultural heritage that can be obtained can be obtained, it will shape our cultural memory in the long run，Then the copyright system deeply affects the formation of future historical concepts。

The huge cultural heritage network in Germany is mainly funded by national finance，The process of the digitalization of cultural heritage of cultural heritage has also been affected by the copyright standard，In addition, the EU passed the "Digital Single Market Copyright Directive" in 2019，Germany, a member of the EU member states, must transform it into a domestic law within the time limit。The system changes in the system of German copyright law in this field，worthy of our research and attention。

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bet365 live casino games Current，Digital technology applied in the field of cultural heritage protection and development mainly has AR、VR、High -precision copy storage, etc.。Related digital activities often conflict with the copyright owner's copyright owner。To avoid infringement risks，Relevant agencies must obtain the copyright owner's license in advance。Prior permit mode reduces the efficiency of digital activities of EU cultural heritage related agencies。For this，"Digital Single Market Copyright Directive" requires EU member states to set an exception of replication behavior of cultural heritage related institutions，Allows it to copy works or other contents of its permanent collection in the necessary scope of preserving the collection。The so -called "permanent collection"，That is the collections that have obtained ownership or permanently authorized by cultural heritage related agencies。

The current "Copyright Law" in Germany only allows "not pursuing any direct or indirect business purposes"、Library that can be visited public、Archives，Institutions in the field of movie or audio inheritance, as well as "index、Video、Save and restore "Purpose，Copy the collection。To transform the "Digital Single Market Copyright Directive"，German Copyright Law will be replicated in aspect，Increase regulations on business -related cultural heritage related institutions。Germany's copyright restrictions and exceptions in the field of cultural heritage，Technical neutral legislative principles，Regulations on copying behavior of cultural heritage related agencies，Basically can cover the conventional digital means required for data backup，But only the degree of replication to the "necessary scope for preserving the collection"Bet365 lotto review ，The public welfare nature of the digital activity of cultural heritage and the conflict between the protection of copyright protection。

　Determine the freedom of copying visual art works

In the process of digitalization of cultural heritage，Usually the way to reproduce the original，"Copy photography" for the collection。For a long time，The German Copyright Law has always been controversial for whether the photos obtained by the works that have entered the public domain.。Conceptual speaking，"Copy photography" designed to record the original "copying photography" cannot express the author's unique personality and thoughts，works that are not in the sense of copyright law。but，Germany's laws and regulations distinguish "photographic works" and "photos"。Considering the technical nature of photography and the cost of photography paid by the photographer，German legislators believe that photos that do not constitute a work should also be protected by neighborhood rights，As long as it can reflect the "intellectual work results" of the minimum level of photographers，For example, choose a shooting location、Select exposure parameters, etc.。The Supreme Court of the German Federal Federation has repeatedly affirmed the neighborhood protection of "copying photography" in the judgment，This has an important impact on the number and nature of the number of cultural heritage that is already in the public domain。Actually，Photography technology has changed fundamentally in recent years。People can take photos anytime, anywhere without professional equipment without generating significant costs worth compensation。The original reasons for the initially introduced by the protection of photos of photos have bet365 live casino games been lost to a certain extent。

According to the spirit of the German Basic Law，Copyright protection should not be excessively compressed to public space，That is, "property rights have obligations，Its exercise must be beneficial to public benefits at the same time "。In this background，Article 68 of the German "Copyright Law (Revised Draft)" clearly introduces the basic principle of "the content of the public domain must be retained in this field"。Once visual art works enter the public domain，So take photography for it、Scan、Copy、3D printing or other technical means to copy uniquely，No copyright and related rights protection，Cultural Heritage Related Agency can freely use this copy。Definition of "Visual Art Works"，German legislators in accordance with the standardized purpose of the legal norms that belong to，Explain it as those visual perceptions、works with the premise of aesthetic expression and non -functional purpose。

　　Add special regulations for out -of -print works

Cultural Heritage Management Agency often collects a lot of "out -of -print works"，That is the reasonable and diligently checked evidence，It is good to preferentially presume the works that have not provided to the public in any conventional business circulation field。Use digital means，Can promote the spread of out -of -print works，Improve its public accessibility。But the commercial value of some out -of -print works has been fully developed，Its copyright protection is still continuing，You need to obtain the authorization of the right person in advance，Only to digitize such out -of -print works。The permission and utilization of the out -of -print work in the field of cultural heritage，"Digital Single Market Copyright Directive" added two complementary bet365 live casino games methods: the first is that if people want to use the out of print works, there is a collective management organization that can represent this type of work，So it can be based on non -commercial purposes，A non -exclusive license agreement with this collective management organization，Copy、Issuing、Publicly spread the out -of -print work。This is a collective license with expansion effect，Even if the copyright owner does not join this extended collective management organization, it will be "forcibly collective"。Collective management organizations will allocate some of the payable payable payable to the right holder。The second is that if the out -of -print works that people want to use, there is no collective management organization that can represent this type of work，So based on legal exceptions，This out -of -print work is used for free without the permission of the right person。

Germany's current "Copyright Collective Management Organization Law" has stipulated in the "out -of -print work" use system。Based on this，The German Federal Government and some collective management organizations in the German federal government concluded the framework agreement，The National Library of Germany mainly provides out -of -print work license services for books published before 1966。Comparison of comparison，"Digital Single Market Copyright Directive" does not limit the type of out -of -print work and its release time，More widely involved。So，Germany may also add collective extension permits on "out of print works" and the provisions of legal use exceptions。But this does not mean that the protection of private rights must be allowed to be located in public interests unlimited，To maintain the private autonomy of the copyright owner，The copyright owner can oppose such extended collective bet365 live casino games management and statutory exception at any time，Select to exit。

It is worth noting that，German legislators also tried to use the "out -of -print work" collective extension license and legal use exception system to solve the problem of "orphan works"。Orphan works are works that are protected by copyrights and their right holders are unknown or unable to find。Before using orphan works，Relevant agencies must search for copyright information for each collection。In the large -scale digital project of cultural heritage，This search will bring a considerable cost。"Digital Single Market Copyright Directive" regulations，Exceptions in the instructions or areas covered by restrictions，Member states can adopt or maintain more broad regulations on the basis of compatible with the EU "Data Protection instructions"。So，Returning German legislators，Utilization rules for out of print works may also be applicable to those orphan works that are issued by "non -commercial purposes" or orphan for "non -commercial purposes" or "never used for commercial use"。

Each digital use of copyright -protected works must be authorized by the right holder，Even in the field of cultural heritage。We often face conflicts between copyright protection and providing cultural heritage open acquisition，It clearly stipulates the rights restrictions and exceptions of the digital field of cultural heritage in the law，Reduce legal uncertainty，helps control the copyright risk in the process of digital use of cultural heritage，Actively promote the protection and development of cultural heritage。

(This article is the National Social Science Fund Youth Project "Blockchain Corner of Digital Creative Industry Copyright Protection and Transaction Research" (19CFX063) phased results)

Bet365 lotto review (Author Unit: Chinese Metrology University Law School、School of Intellectual Property)