For many years there has been interest in the copyright ramifications of digitisation. Cultural institutions, for example, have long recognised the potential benefits of digitisation, for instance by facilitating access to a greater proportion of their collections than can be displayed on site, and to patrons who cannot attend the institution's physical premises.1 However, digitisation of works owned by third parties raises the spectre of copyright infringement, leaving aside other legal issues, for instance in relation to privacy and defamation.2 And the question of how to deal with copyright has become all the more challenging as the ambition of such projects has grown, as exemplified by mass digitisation projects in which works are copied on an industrial scale.
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