5 THE ITALIAN LAW JOURNAL NO. 2 (2019)

Archaeological Data Between Prerogatives of Protection and Requests of Access

by Alberto Maria Gambino and Maria Letizia Bixio

The purpose of this paper is to delineate some of the issues arising from the intersection of copyright and the protection of cultural goods, particularly in the framework of archaeology.
When looking at the work of freelance archaeologists with regards to excavation activities, scientific filing and research, it is interesting to reflect on which, among the data produced, is to be considered ‘processed data’. It is in fact not always obvious whether copyright can be applied to such data. Can ‘raw data’, by reason of its extraneousness to copyright prerogatives, be made public and considered as part of the common heritage of a society?
The following analysis will be aimed at substantiating certain issues of entitlement relating to the dissemination of the archaeological documentation produced during the course of said excavation activities, in instances where public and private interest might overlap.

DOI 10.23815/2421-2156.ITALJ           ISSN 2421-2156

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