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. Where that period exceeds 10 years, itsand durationfor shall be in accordanceenterprises with applicablea Uniondesignation andas nationala lawgatekeeper subjectunder toRegulation review(EU) during the 11th year and2022/1925, if applicable, every seven5 years thereafter.

Justification

While the proposal improves transparency by requiring digitisation agreements to be made publicly available, the absence of a clear time limit risks perpetuating long-term exclusive control over digitised Public Domain materials. A temporal cap is necessary to ensure periodic review and preserve broad access to Europe’s cultural heritage.