Participating in Cultural Life via Augmented Reality on Cultural Goods: What Role for Copyright?

Abstract

Listen

Translate article

Abstract Augmented Reality (AR) is a technology enabling the overlap of digital images with those from the real world. This technology can have a wide range of applications, including in the cultural heritage sector. AR initiatives can be implemented by cultural heritage institutes (CHIs) for educational and research purposes, but also by third parties as (complementary) commercial practices. When AR is applied to cultural goods, this can be referred to as the ‘exploitation’ of such goods. These goods often embed works of art which may fall under the protection of an Intellectual Property Right (IPR). This paper focuses on the importance of AR experiences when applied to cultural goods and explains why it is a suitable tool for a comprehensive and consistent achievement of the CHIs’ missions and, more broadly, for economic, cultural and social growth, as well as for a better implementation of the legal right of participation in cultural life. The analysis studies this from an IPR perspective and explains how copyright interferes with the development of AR applications. The work does not deal with the protection of AR outcomes as such. It discusses when and what challenges are raised for both moral rights and economic rights when data and images are communicated to the public via AR applications. Anyone that intends to develop AR needs to own economic rights. When rights are owned, if AR is developed by a public sector body or a CHI, rules on public sector information may also apply and facilitate the initiative. If the IPRs are not owned by the AR developer, the latter should request a license, probably via Collective Management Organizations, unless exceptions and limitations can provide for a solution. Thus, exceptions and limitations are one of the main focuses of this work.