ReCreating Europe. D5.3 Guidelines & FAQs (GM) industries – Interim version

With a specific focus on cultural heritage institutions like galleries, libraries, archives, and museums (GLAMs), the activities of WP5 address precisely the needs of such organisations through a mixed methodology that combines theoretical research with empirical analysis, e.g., online questionnaires and semi-structured interviews, which most WP5 deliverables have or will be based on. The present output, which comprises a descriptive analysis of the legal framework (part 2), a set of Frequently Asked Questions (part 3) and Guidelines (part 4), all focusing on digital preservation, use of orphan works and use of out-of-commerce works, precisely follows this approach. The work builds upon preceding deliverables D5.1 Report on the existing legal framework for Galleries and Museums (GM) in EU1 and D5.2 Report on the existing legal framework for Libraries and Archives (LA) in the EU. 2 Both these reports were produced based on the research carried out under T5.1 European Legal Framework for GLAM industries: from closure to Openness. The goal of this deliverable is to produce a first draft of Guidelines and FAQs to help GLAMs deal with some selected issues arising from digitisation. The draft which will be circulated during the upcoming workshops organised under WP5, in which participants will be invited to discuss the FAQs and apply the guidelines to suggest (a) whether different and/or clearer rules (i.e. considering laws and policies) may facilitate the process of dealing with the identified controversial issues, and (b) whether the current legal framework is too strict to comply with, and thus possibly hindering GLAM’s mission of democratising culture. The present deliverable also mirrors - to the extent possible - its twin deliverable D5.4 Guidelines & FAQs (LA) industries - Interim version, 3 which was dedicated to Libraries and Archives, under T5.2 Implementation of legal requirements and criteria for openness. Both D5.3 and D5.4 are designed to serve as instruments (thus their temporary nature) for further discussion with stakeholders, under T5.3 Valuing and engaging in openness with GLAM, to which these deliverables are presented during the dissemination or training events agreed under the project’s Grant Agreement. The outcomes of such a process will flow into the final version of the twin Guidelines & FAQs, with the wider goal to support digitalisation in the framework of a rebalanced copyright law. It is worth specifying that the present deliverable will be used as a basis to develop the set of FAQs and Guidelines that will be available by the end of the project. This is a sample to be adjusted after gaining specific insights by cultural heritage institutions (CHIs) that will be testing this interim version, with the ultimate aim to provide a final version of FAQs and Guidelines with a bottom-up methodology, in order to be more effective and useful for the GLAM community. Ideally, GLAM professionals who are on the front line will help to reshape and adjust the FAQs that appear too technical or comprehensible only to an academic or other expert audience, but also to further clarify the Guidelines, addressing the most contentious topics they face in their everyday activities. This project has received funding from the European Union’s Horizon 2020 research and innovation programme under grant agreement No 870626.