Introduction

The connections between cultural heritage and intellectual property law with special regards to copyright law is indisputable. The pandemic has radically changed and developed the role and perception of digital technologies that are now imperative for accessing to culture. The expanding scope of intellectual property law cause inevitable changes in cultural heritage approach and currently meeting these challenges is the central task. The new technologies have created unbelievable opportunities to make cultural heritage more common for society and to facilitate fulfillment of the principle to access co cultural heritage. However, the obligation to create conditions for the dissemination of cultural goods, should be implemented by taking into account not only the principle of cultural heritage protection but also intelellectual property rights.The vast majority of regulatory task regarding copyright currently arise from the fact that in a digital environment copying and disseminating protected works are easier and more likely to be harmful to rights holders’ interests [Pila, Torremans, 2019, p. 234]. It has also be noted that the cultural institutions faced the pivoting towards digital and more risks related to copyright infringement might appear. To give an example modern intellectual property issues occur in dissemination of works on line, in public scholarly content or cultural property redistribution. Obviously new technologies as well as immediate internet communications become a challenge both to cultural heritage and intellectual property.

One may say that intellectual property law are designed to search for a compromise between the interests of copyrights holders on the one hand, and society's interest in access to cultural heritage as a common good on the other hand. To provide the proper protection one can combine the economic aspects of culture and the suitability of the intellectual property system. In practice, this means “balancing” principles so as to achieve the values they indicate as far as possible in the specific case. Cultural property seen as a “common good” might be in conflict with the private property concept of ownership that characterises intellectual property rights. So in the context of the relationship between intellectual property and cultural heritage one of the richest explanatory concepts in the interdisciplinary literature, is the role of “community.”