Article 32k

(3) By way of derogation of paragraph 1, where an exclusive right relates to the digitisation of cultural resources, the period of exclusivity shall in general not exceed 10 years, and for very large enterprises designated as gatekeepers under Article 3(1) of Regulation (EU) 2022/1925, five years. Where that period exceeds 10 years, its duration shall be in accordance with applicable Union and national law subject to review during the 11th year and, if applicable, every seven years thereafter.No renewal or extension of the period of exclusivity shall be permitted unless the public sector body demonstrates that the exclusive right remains strictly necessary, proportionate, and in the public interest. Digitised cultural resources that are in the public domain shall remain in the public domain after digitisation. Contractual terms shall not restrict their re-use beyond the period of exclusivity permitted under paragraph 3 of this Article.