Innovative Application of Legal Methodology in Digital Protection of Cultural Heritage

Abstract

This research aims to evaluate the effectiveness of current legal methodologies in protecting digital cultural heritage and to propose innovative legal approaches to address the unique challenges posed by digital technologies. The study seeks to identify gaps in existing frameworks and explore emerging solutions to enhance the safeguarding of digital cultural assets. The study employs a qualitative research design, conducting 24 semi-structured interviews with legal experts, cultural heritage professionals, and digital platform operators. Data is analyzed using a three-step thematic analysis to uncover key themes and insights related to the legal protection of digital cultural heritage. The research identifies significant gaps in current legal frameworks, particularly in the areas of intellectual property and cultural property laws when applied to digital contexts. Challenges include jurisdictional conflicts, technological limitations, and enforcement issues. Innovative approaches such as blockchain technology, digital rights management, and artificial intelligence are explored as potential solutions to these challenges. This study contributes to the field by offering a comprehensive analysis of how existing legal methodologies fall short in the digital age and by proposing forward-thinking solutions. Its findings are significant for policymakers, legal scholars, and cultural institutions, providing actionable recommendations for improving the protection of digital cultural heritage and guiding future legal reforms.