Roman Kusyk, Digitalizacja archiwaliów. Dylematy prawne, w: Archeion, t. 107, wyd. NDAP, Warszawa 2004, ss. 285-300
"Roman K u s y k , Digitalisation of archives. Legal dilemmas. The process of the digitalisation of
archival materials creates new problems of legal nature to be solved by archives. They are connected, first
of all, with the need to respect rights relating to digitalised holdings and to ensure legal protection to the
products of the digitalisation process.
The selection of materials must be preceded with the analysis of rights connected with digitalised
holdings and comply with protection requirements. First of all, it is necessary to establish whether
materials qualified for digitalisation are not protected under intellectual property rights, in particular,
copyrights. Regulations on the right to privacy (personal rights, image, correspondence), on personal data
and classified information may constitute an obstacle in the selection of materials. The article discusses
the most important legal acts from this area and their role in the qualification of archival holdings for
digitalisation. However, it should be stressed that on the grounds of the Polish law, any restrictions due to
the above mentioned reasons will be relatively rarely applicable because of the specificity of archival
materials. In the majority of cases, we have to do with official documents excluded from the author’s legal
protection or materials with respect to which the period of protection of copyrights, personal data or
privacy has already expired.
Products of digitalisation will be compiled in the form of systematised databases enriched by adequate
search mechanisms. Organisational, intellectual and financial efforts connected with their development
need to be effectively protected against any unauthorised takeover or use. The Act on Legal Protection of
Databases of 27 June 2001, modelled on the EU legislation (Council Directive 96/9 on the Legal
Protection of Databases) gives archives the instrument for such protection.
Discussions on organisational, technical and legal aspects of digitalisation, aiming at the development
of coherent, systematic and logical digitalisation projects within the network of state archives seems
purposeful. The iFAR discussion forum, available on the website of the State Archives in Lublin
(www.ifar.lublin.ap.gov.pl) may be a good tool for that purpose."
Źródło: Archeion, t. 107