The impact of the
COVID-19 pandemic
on creative industries,
cultural institutions,education and researchThis document was commissioned by the International Bureau of the World Intellectual
Property Organization upon request of Member States at the 41st Session of the Standing
Committee on Copyright and Related Rights. It is envisaged as part of the Information Session
on the Copyright-related impact of COVID-19 pandemic that took place on May 9, 2022.
https://www.wipo.int/meetings/en/2022/info-session-impact-covid-19-copyrightecosystems.html

Authors: Marilena Vecco, Martin Clarke, Paul Vroonhof, Eveline de Weerd, Ena
Ivkovic, Sofia Minichova, Miriam Nazarejova.
Cover image: © Getty Images; composition by WIPO
The responsibility for the contents of this report lies with Panteia.
© WIPO, 2022

Attribution 4.0 International (CC BY 4.0)
The CC license does not apply to non-WIPO content in this publication.

Page 3

TABLE OF CONTENTS
1.

1.1.
1.2.

Introduction

The report
The context

PART I: Creators and the creative industries

1.
2.
3.
4.

Audiovisual sector
Music sector
Publishing
Visual arts

4

4
5

7

7
12
16
23

PART II: cultural heritage institutions, Education AND research 27

1.
2.
3.

Museums
Libraries and archives
Education and Research

27
33
42

PART III: Conclusions

47

Appendix 1: List of experts consulted

50

Appendix 2: Case studies

52

PART I
PART II

Appendix 3 Bibliography

PART I
PART II

54

58
61

Page 4
1. INTRODUCTION
1.1. THE REPORTThis report has been commissioned by the World Intellectual Property Organization, withthe objective of presenting the impact of the COVID-19 pandemic on cultural and creative
industries, education and research, identifying their initiatives and challenges in facing
the pandemic, and consequently, the main trends and trajectories that emerged.
This brief study has been supported by an extensive team of experts worldwide (see Appendix
1). Whilst attempts have been made to be comprehensive both in terms of geographicalcoverage and sectors, some limitations are evident: language barriers as some relevant
information was available only in the national languages; no standard accounting of thephenomena across countries and continents, sometimes even in the same country becauseof the specific administrative nature of the country (federal system); lack of global statistics on
creative industries. On top of all these elements, the time differentiated spread of thepandemic, characterized by different lockdowns with diversified duration and intensity,
impacted the creative activities and creators in different ways depending on the location. This
made it challenging to identify reliable and coherent quantitative data that is comparable
worldwide. According to the desk research, the case studies collected from the different WIPO
Member States and the interviews with experts specialized in different creative sectors andrepresenting different geographical areas, we are in a position to observe only some generaltrends and impacts. Finally, as a general note for this report, it might be too soon to assess theshort- and long-term impacts.
The report is structured as follows. Part I relates to the creators and the creative industries.
Part II relates to educational, research and cultural heritage institutions.
The next section presents the overall context for the study in terms of the COVID-19 pandemic
itself, and the reactions and the general trends that can be identified in the educational,
research and cultural heritage institutions.
In Part I, Chapter 1 outlines the state of the art of a number of different sectors: audiovisual,music, publishing and visual arts, respectively. In each sub-section, a detailed overview isprovided regarding the impact COVID-19 had on the sector and showing examples of practices
that emerged. These different practices will be discussed with the support of some case studies(presented in the Appendix 2), selected according two principles: the geographical andsectorial coverage and the relevance in terms of best practices.
In Part II, Chapter 1 outlines the state of the art of a number of institutions of different sectors:
museums, libraries and archives, and educational and research institutions, respectively. In
each sub-section, a detailed overview is provided regarding the impact COVID-19 had on the
sector and showing examples of good practices that emerged. These good practices are
discussed with the support of some case studies (presented in the Appendix 2), selectedaccording to two principles: the geographical and sectorial coverage and the relevance interms of different examples of measures.
Part III will conclude by providing the highlights and lessons learned from the research and thecase studies analyzed. The report includes different appendices as complement of the study(list of experts, case studies and bibliography). The report includes different appendices ascomplement of the study (list of experts, case studies and bibliography).

Page 51.2. THE CONTEXTThe COVID-19 pandemic is one of the most substantial recent challenges facing business andgovernments this century. It has generated health concerns as well as an unprecedentedsocial and economic crisis which has particularly hit service industries hard and induced an
acceleration of digitalization practices. The COVID-19 pandemic is very different from otherforms of crisis (e.g., financial, political) because it has had a significant overall impact on all
business models, organizations, creative workers and users. It is a health crisis which
specifically impacts both the outdoor and indoor leisure industry. This pandemic ischaracterized by some specific aspects: first, its non-linear character contra the one assumed
by traditional crisis lifecycle models, as it may flare up again in intensity following a first wave
and ebb as has been predicted by medical experts. Second, far from being an imminent or
emerging crisis, it is a sustained crisis as it can last for months or years, over a very long crisis
existence phase and also being cyclical crisis as well because of the different contagious
waves.
All the restrictions and measures taken to reduce human contact and movement to slow down
the spread of the virus together with relevant challenges represent a discontinuity, breaking
from the past reality. From a management perspective, COVID-19 represents a hugestrategic challenge as it disrupts the mechanisms of demand and supply, and production
capacity, contributes to increased uncertainty as well as financial instability leading tounpredictable scenarios, unforeseeable in a pre-crisis time. If on one hand, COVID-19
disrupted the market and business ecosystems we traditionally know, on the other, it has
accelerated innovation, introducing the so-called “imposed service innovation”. Particularlyof interest from the innovation management perspective is that this acceleration of innovation
happened not because organizations wanted to innovate, but because they had to limit thenegative implications brought about by the pandemic. Moreover, this specific crisis created achange of mindset and stimulated business opportunities that would have never been
considered under normal circumstances. Furthermore, the study of this ‘imposed service
innovation’ is relevant as we experience a shift from a pandemic to an endemic disease andmore and more often, we will be faced with this kind of phenomena in the future.
During a crisis, two types of strategy are mainly adopted: reactive or proactive strategies.
Specifically, in this study we observed that all strategies developed are reactive. So far, nocreative industries or creators were able to implement a pro-active strategy as themagnitude/impact of this pandemic was clearly unknowable. From the material collected,
an identified general trend included the partial or total closure of live activities, with a shift toonline – when online/home working was possible for creative workers, creators and users. This
has implied a collapse of employment in the creative sector (specifically for free-lancers andself-employed). Some creative sectors showed more adaptability to highly volatile businessenvironments, applying digital technology adoption strategies. The digital maturity of
institutions played a key role in facing the challenges implied by the pandemic.
The intensity as well as the dynamics of the impact vary significantly across creative
subsectors and countries 1. This study reveals positive implications of the COVID-19
pandemic within the creative industries (e.g., IT and audiovisual) 2 as well as the negative ones
1 OECD ‘Culture shock: COVID-19 and the cultural and creative sectors’, 2020, Available at: https://read.oecd-

ilibrary.org/view/?ref=135_135961-nenh9f2w7a&title=Cul%20ture-shock-COVID-19-and-the-cultural-and-creativesectors, Florida, R., and Seman, M., ‘Lost Art: Measuring COVID-19's devastating impact on America's creative
economy’ Brookings Institution, 2020, Available at: https://www.brookings.edu/wpcontent/uploads/2020/08/20200810_brookingsmetro_covid19-and-creative-economy_final.pdf.
2 Kim, S., et al., ‘The COVID-19 Crisis Management in the Republic of Korea’ International Case Studies in theManagement of Disasters, 2020, Available at: https://www.researchgate.net/publication/343555107_The_COVID19_Crisis_Management_in_the_Republic_of_Korea.

Page 6experienced by libraries, museums and all live events organized by these institutions as it
happened for all events and activities related to entertainment industries 3. Technology madethe resources available to a higher number of consumers, lowering the entrance
barriers of the sector concerned. The pandemic produced a disruption in the
consumption habits of all population segments as they could not attend the venues
physically. Those with lower virtual literacy were penalized, usually old people or very young
children/pupils -having a lower virtual literacy were more penalized. Even with the online
availability of research material, in some countries researchers did not have strong internet
connections to download data or they could access only the abstracts and not the full articles.
Lack of E-resources both in research and in teaching made regular online activities very
difficult. This impact was particularly high in less-developed areas of the globe.
Worldwide, different governmental and private support measures were introduced to mitigate
the effects on cultural institutions. 4 Some museums from different countries could benefit fromfinancial support during the pandemic, such as emergency funds, compensation for losses,
emergency tax policy, coverage of employee salaries, or suspension of rents/mortgages.
[Part I follows]

3 Agostino, D., et al., ‘Italian state museums during the COVID-19 crisis: from onsite closure to online openness’

Museum Management and Curatorship, 2020, Available at:https://www.tandfonline.com/doi/full/10.1080/09647775.2020.1790029, Machovec, G., ‘Pandemic Impacts on
Library Consortia and Their Sustainability’ Journal of Library Administration, 2020, Available at:https://www.tandfonline.com/doi/full/10.1080/01930826.2020.1760558.
4 Several examples and best practices are available on the WIPO platform,
https://www.wipo.int/meetings/en/2022/info-session-impact-covid-19-copyright-ecosystems.html.

Page 7

PART I:
CREATORS AND THE CREATIVE INDUSTRIESIn this chapter we will provide an overview of the main trends and impacts identified per sector,
based on the situation created by the COVID-19 pandemic. Additionally, a description of thetypes of measures taken to address the impacts is provided. Four sub-sectors of the culturaland creative sectors are covered in this section: audiovisual sector, music sector, publishingand visual arts.
1. AUDIOVISUAL SECTOR
The COVID-19 pandemic had mixed effects on various segments of the audiovisual
sector, such as film (including production and distribution), broadcasting (television and radio),and video and multimedia industries, including various on-demand services (such as Video on
Demand- ‘VOD’, Catch-up TV). 5 The impact on different sector segments depends on how
much activities within them have been affected by isolation provisions and how quickly theactivities have been resumed. The advertising and film segments have been most significantly
affected by the pandemic. 6
As observed, the lockdown measures due to the COVID-19 pandemic had a key impact on
the functioning of cultural and creative markets and the global flows of digital culturalcontent. From the outbreak of the COVID-19 pandemic, global online platforms (Netflix,
Amazon Prime Video, Disney Plus, Apple TV Plus, or HBO Max) strengthened their position,
which generated an unprecedented change in the production, dissemination, and consumptionof audiovisual content. 7 This led to the rise of the platform as the dominant infrastructural andeconomic model in the industry. 8 The present pandemic context could back concentration
dynamics in the audiovisual market due to the action of global streaming platforms.
However, the impacts of COVID-19 on the audiovisual sector around the world may differ
in mature and developing markets. Developing markets (such as the African continent) facedifferent challenges than mature markets (with respect to the formalization of the industry,digital revolution, and liberalization of the audiovisual sector). 9 Such challenges relate to thelack of traditional infrastructure, as well as the lack of enabling policies including for theacquisition, management and use of intellectual property rights. 10 In the context of digitaltransformation, lack of harmonizing legislation on intellectual property, technology, andinsufficient data privacy protection regimes are currently barriers to Africa’s digital potential.
5 Debande, O., and Chetrit, G., ‘The European Audiovisual Industry: An overview’ European Investment Bank,

2001, Available at: https://www.eib.org/attachments/pj/pjaudio_en.pdf.

6 Yaquinta, M., et al., ‘The Impact of Covid-19 Pandemic on the audiovisual and live entertainment sectors in theAmericas: A study in eight countries’ The International Federation of Actors (FIA), 2021, Available at: https://fiaactors.com/fileadmin/user_upload/News/Documents/2021/January/Informe_Final_EN_-_v2.pdf.
7 Vlassis, A., ‘Global online platforms, COVID-19, and culture: The global pandemic, an accelerator towards which
direction?’ Media Culture and Society, 2021, Available at:https://journals.sagepub.com/doi/full/10.1177/0163443721994537.
8 Intergovernmental Committee for the Protection and Promotion of the Diversity of Cultural Expressions‘Preliminary analytical report on the impact of the COVID-19 pandemic on the cultural and creative industries, andthe findings of the ResiliArt movement’, 2021, Available at: https://unesdoc.unesco.org/ark:/48223/pf0000375307.
9 United Nations Educational, Scientific and Cultural Organization (UNESCO) ‘The African film Industry: trends,
challenges and opportunities for growth’, 2021, Available at:https://unesdoc.unesco.org/ark:/48223/pf0000379165.
10 Kevin, D. and Ali S. ‘Feasibility Study on Enhancing the Collection of Economic Data on the Audiovisual Sector
in a Number of African Countries’ WIPO, 2018, Available at:https://www.wipo.int/meetings/en/doc_details.jsp?doc_id=402357

Page 8
Copyright and piracy concerns also remain a prominent issue, and two-thirds of countries
estimate that at least 50% of the potential revenue of the sector is lost to the illegal exploitationof creative audiovisual content. 11
In the context of the digital revolution, accessibility of technology and the new ability to
distribute but also monetize content directly to consumers via online platforms is giving rise to
a new economy for African content creators. For example, a recent report suggests that the
pandemic accelerated the digital revolution, as a significant driver of development andgrowth. 12 Firstly, the pandemic and its related lockdowns forced many to turn to their devices
to learn, create and consume from home. For example, in Nigeria, the COVID-19 lockdown
positively impacted the growth of digital platforms. One such platform recently declared that its
subscribers in Africa have grown to over 2 million, with Nigeria being a significant market. 13
Furthermore, another social media platform recently allowed monetization of the content ofAfrican freelance producers, which substantially increased creative and revenue possibilities,
especially for young producers who can bypass traditional gatekeepers.
Although the COVID-19 pandemic might have had some positive impacts especially indeveloping markets, it must be stressed that such markets were not immune to the pandemic.
Irrespective of the location, the COVID-19 pandemic led to a loss of revenues, jobs andlivelihoods and revealed systematic problems in the audiovisual market. Such effects
can be particularly measured in more mature markets such as Europe or North America, withmore data available on the impacts of the pandemic. For example, the European Audiovisual
Observatory report suggests that the pandemic led to a drop of 10% of the revenues of theaudiovisual sector. Regarding the advertising segment, even though the pandemic led to anincrease in audiences, TV advertising revenues of the sector dropped by 15 to 20% due to thegeneral reduction of the economic welfare of the audiences. Furthermore, advertisers facing
market instability preferred short-term gains and internet advertising rather than customer basebuilding, customary for TV advertising. Combined with reduced public funding, which together
with customer subscriptions to pay services and box offices constitute the primary source offinancing for the sector, the pandemic might create long-term financial struggles. 14
The pandemic and lockdowns put production and distribution on halt and reduced boxoffice revenues by half. Furthermore, the production of high-end content (such as
movies) had to be cancelled or postponed. Although by October 2020 89% of films
promoted on pay-per-view VOD had already had a cinema release, with massive closure ofcinemas in the following months, movies were increasingly being directly released on online
platforms, which meant disruption of this traditional business model. 15

11 Ibid.
12 Ibid.
13 Ibid.

14 Blázquez, F., et al., ‘The European audiovisual industry in the time of COVID-19’ European Audiovisual

Observatory, 2020, Available at: https://rm.coe.int/iris-plus-2020-2-the-european-audiovisual-industry-in-the-timeof-covi/16809f9a46%20-%20Europe%20-%202020.
15 Blázquez, F., et al., ‘The European audiovisual industry in the time of COVID-19’ European Audiovisual
Observatory, 2020, Available at: https://rm.coe.int/iris-plus-2020-2-the-european-audiovisual-industry-in-the-timeof-covi/16809f9a46%20-%20Europe%20-%202020,
Blazquez, F., et al., ‘Yearbook 2020/2021, Key trends: Television, Cinema, Video and on-demand audiovisual
services, the Pan-European Picture’ European Audiovisual Observatory, 2021, Available at:https://rm.coe.int/yearbook-key-trends-2020-2021-en/1680a26056,
Vlassis, A., ‘Global online platforms, COVID-19, and culture: The global pandemic, an accelerator towards which
direction?’ Media Culture and Society, 2021, Available at:https://journals.sagepub.com/doi/full/10.1177/0163443721994537,
Intergovernmental Committee for the Protection and Promotion of the Diversity of Cultural Expressions‘Preliminary analytical report on the impact of the COVID-19 pandemic on the cultural and creative industries, andthe findings of the ResiliArt movement’, 2021, Available at: https://unesdoc.unesco.org/ark:/48223/pf0000375307.

Page 9When focusing on booming Asian audiovisual markets such as China and India, it appears
that the pandemic disrupted the growth potential of the sector. Similarly, in European andAmerican audiovisual sectors, measures tailored to contain the spread of pandemic hit harshly,
especially in the film, advertisement and entertainment segments of the industry. For instance,
in China, according to the Hong Kong Theatres Association, box office takings for the threemonths February‑April in 2020 were down by 80% compared with the same period in 2019. 16
Another source reports that over 6,000 film-related companies are going out of business andmore than 1,000 cinemas will close permanently across the country. 17 The situation isaccelerated because China’s audio-visual sector holds the biggest consumer base andglobally generates the most revenue from the home box office’s collection. It is not only an
attractive market for foreign investment but also a potentially thriving and economically viablesector of the domestic economy. 18
Digital platforms, which experienced a new wave of expansion due to the pandemic,
contributed to the sectors’ growth. Specifically, this could be done by accommodating endusers and disrupted physical audiovisual production chains, and by significantly reducing thecosts relating to dissemination, screening, and the ultimate consumption of the content andproduct. 19
The audiovisual sector experienced disruption of production of new original and local
features, an increase in the level of unemployment, and negative effects in terms ofgeneration of the economic activity which subsequently affected investor sentiments, thestock markets and the returns of the film and drama industry. Similar impacts can also be
observed at the national level in India, which proudly hosts the biggest film industry in terms of
pictures produced in a year. While the pandemic shuttered physical segments of the sector,
India’s streaming market is expected to grow by 31% from 2019 to 2024. 20 Whether we arelooking at Europe, the Americas or Asia, the long-term effects of the pandemic on thedevelopment of the industry remain unclear and will mostly likely depend on policy measures
to address the new normal situation in audiovisual markets. What is certain is that effects ofthe pandemic will not disappear with mere resumption of physical production activities. 21
The COVID-19 pandemic also revealed structural problems in the sector, and someauthors suggest that it may lead to a systematic crisis. 22 For example, in Europe, thesector was in a fragile state long before the pandemic started. According to the European
Audiovisual Observatory (EAO) report, pre-pandemic data (from 2014-2019) shows that thesector has experienced a declining market for most of its segments. The annual growth rateaccounted for only 0.2% in real terms. The on-demand market has been the major driving forceof the sector. This is also supported by an EAO report from 2021 which emphasizes that
16 Shackleton ‘Lights, Camera, Inaction: Hong Kong and China Film Industry in Lockdown’ HKTDC, 2020,
Available at: https://research.hktdc.com/en/article/NDI5NjcxNjA5
17 Mughal ‘COVID-19’s impact on the arts sector in China’ British Council, 2020, Available at:https://www.britishcouncil.org/research-policy-insight/insight-articles/impact-covid-19-arts-sector-china
18 Hu and Ye ‘How COVID19 pandemic affect film and drama industry in China: an evidence of nonlinear
empirical analysis’ Economic Research-Ekonomska Istraživanja, 2021, Available at:https://doi.org/10.1080/1331677X.2021.1937262
19 Ibid.
20 Krishnan ‘Covid-19 crisis hits India’s booming Film industry hard’ Radio France international, 2021, Available at:https://www.rfi.fr/en/culture/20210801-covid-19-crisis-hits-india-s-booming-film-industry-hard-bollywood-culturetelevision-economy
21 Federation of European Screen Directors ‘Film and Audiovisual Sector COVID-19 Statement by over 115
organisations’, FERA, 2020, Available at: https://screendirectors.eu/joint-film-and-audiovisual-sector-covid-19statement-7-april-2020/
Hu and Ye [n 15], Krishnan [n 17]
22 Blázquez, F., et al., ‘The European audiovisual industry in the time of COVID-19’ European Audiovisual
Observatory, 2020, Available at: https://rm.coe.int/iris-plus-2020-2-the-european-audiovisual-industry-in-the-timeof-covi/16809f9a46%20-%20Europe%20-%202020.

Page 10subscription VOD (SVOD) services alone accounted for over 75% of the incremental revenues
in 2016-2020. Legacy audiovisual services (pay TV) have resisted comparatively well due tothe completed digitization process and convergence strategies with internet services. Home
entertainment continued to grow due to the growing market for digital services; however, othermarket segments have been flat or in decline. Lockdowns have also incentivized many
Europeans to experiment with SVOD or to stack subscriptions and turn away from traditional
audiovisual business models to SVOD services (so-called cord-cutting). 23
A report by the EAO suggested that systematic crisis will particularly occur in cinemas
and independent art films, which are unlikely to recover from the crisis. 24 It is expectedthat cinemas will focus more on the exploitation of European and US ‘blockbuster’ films andthat European art-house film will increasingly rely on funding from the significant SVOD
platforms. If internet advertising recovers faster than TV advertising, there is a risk of
substantial loss of revenues which can consequently further hurt European production. To
mitigate this resource shortage, broadcasters may opt to invest more in TV series and less inhigh-end output. Also, the role of media service providers in the production of high-end content
may be impacted by post-COVID-19 austerity measures. More consumers prefer SVOD
subscriptions due to the crisis, and fewer pay-tv subscriptions could result in consumers
spending less for subscription services and an overall decline in resources available in the
sector. This could endanger the volume and diversity of high-end European programs (film andTV series), as SVOD-funded programs and revenue streaming from online subscriptions would
probably not compensate for the decrease in investments by legacy players and lack ofphysical distribution and exhibition options. 25
On the other hand, some authors advocate that the so-called “platformization” trend, which
intensified due to the pandemic so that major platforms providing subscription on-demand
substantially grew in the first six months, positively affected regional cooperation and original
production. 26 Such platforms partner with regional and national pay-tv operators to widen
customer access. They also adopt public diplomacy strategies to promote the reputations ofglobal online platforms, by enforcing positive opinions to public regulators, screen industry
bodies, and culture professionals. In the context of the pandemic, such a strategy encouraged
the establishment of private funds from which many affected by the pandemic benefited 27 but
also incentivized original production and initiated a new wave of media regionalization.
The “platformization” trend represents a segment of a larger tendency that impacted
audiovisual markets globally. COVID-19 has massively accelerated the demand for
23 Blazquez, F., et al., ‘Yearbook 2020/2021, Key trends: Television, Cinema, Video and on-demand audiovisual
services, the Pan-European Picture’ European Audiovisual Observatory, 2021, Available at:https://rm.coe.int/yearbook-key-trends-2020-2021-en/1680a26056.
24 Blázquez, F., et al., ‘The European audiovisual industry in the time of COVID-19’ European Audiovisual
Observatory, 2020, Available at: https://rm.coe.int/iris-plus-2020-2-the-european-audiovisual-industry-in-the-timeof-covi/16809f9a46%20-%20Europe%20-%202020, Intergovernmental Committee for the Protection andPromotion of the Diversity of Cultural Expressions ‘Preliminary analytical report on the impact of the COVID-19
pandemic on the cultural and creative industries, and the findings of the ResiliArt movement’, 2021, Available at:https://unesdoc.unesco.org/ark:/48223/pf0000375307.
25 Lhermitte, M., et al., ‘Rebuilding Europe, the cultural and creative economy before and after the COVID-19
crisis’ Ernst & Young, 2021, Available at: https://www.rebuildingeurope.eu/_files/ugd/4b2ba2_1ca8a0803d8b4ced9d2b683db60c18ae.pdf.
26 Vlassis, A., ‘Global online platforms, COVID-19, and culture: The global pandemic, an accelerator towards
which direction?’ Media Culture and Society, 2021, Available at:https://journals.sagepub.com/doi/full/10.1177/0163443721994537, Rovira et al. ‘Digital Technologies for a new
future’, ECLAC, 2022, Available at:https://www.cepal.org/sites/default/files/publication/files/46817/S2000960_en.pdf.
27 Vlassis, A., ‘Global online platforms, COVID-19, and culture: The global pandemic, an accelerator towards
which direction?’ Media Culture and Society, 2021, Available at:https://journals.sagepub.com/doi/full/10.1177/0163443721994537. Error! Hyperlink reference not valid.

Page 11
audiovisual over-the-top (OTT) services worldwide. OTT services refer in the context of theaudiovisual market to the distribution of content dependent on the internet rather than upon
conventional channels such as over the air TV, cable television, or direct to home satellite.
Lockdowns, an increase in the product range and variety, the promotion of localized content
and increased household connection to fixed, high-quality broadband led to the growth of OTT
subscriptions by 26% in 2021compared to the year before. The OTT business model is slowly
becoming dominant in terms of growth and will most likely be the future frontrunner in theaudiovisual sector. The entrance of OTT services into households was accompanied by cordcutting, which refers to viewers cancelling their subscriptions to conventional audiovisual
services (multichannel TV, cable satellite). Furthermore, the data from 2021 suggests thatstreaming consumption remained higher than before the pandemic, which indicates that the
pandemic induced shift will likely remain the new normal. 28
Latin America has been the region most affected economically by the pandemic, with acontraction of 7% in GDP for 2020 29. There, the cord-cutting trend has been even more
prominent. Consumers faced with financial instability preferred “all in one” platforms offering
greater content variety and comfort. Content variety remains the decisive feature for
consumers, and content localization (production in local languages using local infrastructure)
is a crucial competitive imperative for global platforms. 30
Regarding the structural changes and social impacts, in the United States the pandemic
showcased the fragmented nature of the types of workers that make up the sector whilesome stakeholders point out to historical problem linked to the logic of project-based labor
insertion, widely predominant in audiovisual production, film and live entertainment. 31 This isalso supported by reported falls in the level of employment in the sector, which is higher
than those of the economy as a whole, because the sector showcases a higher percentage of
informal contracts (such as self-employed, temporary or casual employment). With thesignificant suspension of activities in the audiovisual sector, the workers in the industry had
greater exposure to unemployment and could not rely on social security, paid leave, healthcare and aid funds. For example, according to a study conducted by the Metropolitan University
for Education and Work (UMET) and the International Federation of Actors (FIA), the COVID19 pandemic in Argentina caused a 58.2% decline in employment in the sector year-on-year
during the same period. (20.9% fall in general terms of total employment).
Many national authorities took the initiative to provide relief also for informal and selfemployed workers. For example, Slovenia implemented temporary tax, social and economic
measures shortly after the pandemic outbreak to support organizations and individuals in
cultural and creative sectors. Such efforts were also targeted at the self-employed in theaudiovisual sector. For instance, those individuals received financial assistance (payment ofbasic monthly income of € 350 for March and € 700 each for April and May), an exemption
from social security contributions in April and May in 2020), exemption from health and pension
insurance contributions, advanced payments of personal income tax, right to have their social
contributions temporarily covered by the state or reimbursement of wages to workers who were
temporarily unable to provide work. 32 The Moroccan Film Center (CCM) allocated MAD 1
28 Ibid.

29 https://www.imf.org/external/datamapper/NGDP_RPCH@WEO/OEMDC/ADVEC/WEOWORLD

30 Yaquinta, M., et al., ‘The Impact of Covid-19 Pandemic on the audiovisual and live entertainment sectors in theAmericas: A study in eight countries’ The International Federation of Actors (FIA), 2021, Available at: https://fiaactors.com/fileadmin/user_upload/News/Documents/2021/January/Informe_Final_EN_-_v2.pdf.
31 Ibid.
32 Contribution of Ministry of Economic Development and Technology - Slovenian Intellectual Property Office‘Request for contributions for the information session on the impact of the Covid-19 pandemic on the copyrightecosystem’ WIPO, 2022, Available at: https://www.wipo.int/export/sites/www/meetings/en/docs/ministryof_economic-development-and-technology-slovenian-intellectual-property-office.pdf.

Page 12
million to a COVID Emergency Fund for the audiovisual sector, and the Cultural Strategy,
Planning and Assessment Bureau in the Portuguese Ministry of Culture allocated, in their
Economic and Social Stabilization Program, an amount of €34,3 million to be distributed
among different support lines including for Cinema and Audiovisual to mitigate the losses ofentities and professionals who are contracted with the ICA (Cinema and Audiovisual
Institute). 33.
Unfortunately, the relief sought and needed by creators was many times greater thanwhat governments could provide. The pandemic underlined the role of collective
management organizations (CMOs), which according to the survey conducted by the Societyof Audiovisual Authors (SAA), created a safety net for many creators through mobilization of
resources. 34 25 CMOs from 18 countries used their regular social funds, establishedemergency funds, or jointly with public authorities helped audiovisual authors. CMOs not only
provided substantial financial support from which more than €5 million went to audiovisual
authors; 35 more importantly, they supported authors with fast-track distributions of royalties,
advance payments and advocacy activities. SAA however notes that “collective management
organizations’ social funds cannot be the only lifeline of audiovisual authors” and calls for longterm sustainable solutions to support actors particularly in the audiovisual sector, who will face
the aftermath of crisis in upcoming years.
Another study by the SAA 36 highlighted that even if many activities could have been resumed
after a few months of the pandemic, the pandemic deepened the strategies of internationaldelocalization of filming and remote work in post-production tasks. It also affecteddifferent parts of the workforce differently, as remote work in some segments of the audiovisual
sector requires extra resources (such as equipment), skills and time.
2. MUSIC SECTOR
The music industry has been particularly affected by the COVID-19 pandemic, especiallyin the context of the live music industry. A report by the OECD noted that whilst there weremajor losses, the impact of this has been partially mitigated by the fact that 50% of the revenue
in the industry stems from recorded music. However, given that the other 50% consists of live
events (concerts, festivals, tours, and solo performances), this has had a large impact on the
sector, given that live events have been cancelled, downsized, or postponed. 37 For somemusic worker categories, their income streams disappeared in the space of a few days
following the introduction of restrictions. Furthermore, the cancellation of festivals and trade
fairs also had negative effects on the international nature of production and distribution within
the sector.
The live music sector has been the most severely impacted by the restrictions on social
distancing associated with the pandemic and limited economic activity in many
33 Contribution of Cultural Strategy, Planning and Assessment Bureau – Portuguese Ministry of Culture ‘Request

for contributions for the information session on the impact of the Covid-19 pandemic on the copyright ecosystem’
WIPO, 2022, Available at: https://www.wipo.int/export/sites/www/meetings/en/docs/impact-cr-portuguese-ministryof-culture.pdf.
34 Society of Audiovisual Authors ‘Press release: CMOs are a safety net for authors, but there must be otherlifelines in the current crisis’ SAA, 2021, Available at: https://www.saa-authors.eu/en/news/689-press-releasecmos-are-a-safety-net-for-authors-but-there-must-be-other-lifelines-in-the-current-crisis#.YkVgqDfP23I.
35 Ibid.
36 Ibid.
37 Travkina, E., et al., ‘Culture shock: COVID-19 and the cultural and creative sectors’ OECD, 2020, Available at:https://read.oecd-ilibrary.org/view/?ref=135_135961-nenh9f2w7a&title=Culture-shock-COVID-19-and-the-culturaland-creative-sectors.

Page 13countries. Moreover, even when sanitary measures were reduced between different lockdown
phases, musical events have been at risk of suffering from low attendance because of theincreasing costs of travelling and accommodation. This can be seen all across the globe. For
instance a study commissioned by the South African Cultural Observatory showed that 90%of the live music industry lost income due to COVID-19, and 25% indicated that they would not
be able to continue with any elements of their business under lockdown. 38 Meanwhile, a reportfrom December 2020 by the Nashville Chamber of Commerce showed Nashville's many musicvenues lost 72% of their revenue, costing the industry $17 million in lost wages and delivering
a $24 million hit to Nashville's GDP. 39
In response to the changes brought about by the pandemic, industry professionals haveattempted to respond to the crisis, challenging their traditional model of in-persondelivery of services, with many in the sector turning to various online music alternatives
and tools, changing the customers’ experience, demand, and consumption. 40 For
example, in the Republic of Korea, two of the country’s largest media and technology
companies partnered up to create ‘Beyond LIVE’, which is an online streaming and concert
service providing real-time customized performances for full-length and full-sized arena showsin which there is no in-person audience. This platform combines live performance andtraditional stage production with advanced AR technology, real-time 3D graphics, interactive
communication through live video calls between artists and fans, and the ability to synchronize
global fans’ virtual “lightsticks” and cheers with the live stream concert in real-time. Additionally,
Fortnite hosted a live rap concert that attracted almost 30 million live viewers, underlining thepotential for cross-industry partnerships to engage users and promote artists in a new way. 41
It is likely that similar approaches will be adopted going forward. However, although streaming
and online digital platforms have contributed towards the survival of the sector during the
pandemic, the revenue levels from live streaming and Video-on-Demand (VOD) work have notmatched earnings from live performance for many in the sector.
There have been other responses using digital tools that focused on spreading education andadvocacy for rightsholders in the music industry. Specifically, the International Association for
Artists and Rights Holders (IAFAR) rapidly shifted from its in-person seminars to utilizing
webinars, social media and remote podcasting recording to deliver information andeducation. 42 As a result, IAFAR’s output, outreach and membership significantly increased andthe use of graphic visuals as a tool to teach intellectual property rights at the basic level andwithin the music industry was extremely useful.
Online streaming has become the natural response to carry on live music performance
activity during the national lockdowns and amid social distancing rules. However,considering the uncertainty characterizing this pandemic, some doubts have been raised about
its long-term impact on the music industry. When and where conditions are still far from the“normality” scenario/ex-ante pandemic scenario, further restrictions may be placed on the
38 South African Cultural Observatory ‘Impact Analysis Live Music and its Venues and the South African economy

during COVID 19’, 2020, Available at: https://www.southafricanculturalobservatory.org.za/article/sa-culturalobservatory-releases-report-on-the-impact-of-covid-19-live-music-sector.
39 McCall, J., et al., ‘Music Industry Report’ Nashville Area Chamber of Commerce, 2020, Available at:https://www.nashvillechamber.com/research/music-industry-report.
40 South African Cultural Observatory ‘Impact Analysis Live Music and its Venues and the South African economy
during COVID 19’, 2020, Available at: https://www.southafricanculturalobservatory.org.za/article/sa-culturalobservatory-releases-report-on-the-impact-of-covid-19-live-music-sector.
41 Ketchum, W., ‘Fortnite's Travis Scott concert was historic. But he's not the only artist getting creative’ NBC
news, 2020, Available at: https://www.nbcnews.com/think/opinion/fortnite-s-travis-scott-concert-was-historic-he-snot-ncna1195686.
42 Contribution of IAFAR Ltd ‘Request for contributions for the information session on the impact of the Covid-19
pandemic on the copyright ecosystem’ WIPO, 2022, Available at:https://www.wipo.int/export/sites/www/meetings/en/docs/cr-impact-iafar.pdf.

Page 14
number of attendees, negatively impacting the format of such events. Some scholars 43 haveraised concerns regarding the exclusive character that music festivals might have because of
space limitations and a corresponding ticket price increase. In contrast to this scenario ofrestricting access to some music events, a democratic access approach could be maintained
and part of these music events could be performed with the support of digital tools (i.e.,
augmented and virtual realities or immersive technologies). In the long term however,stakeholders note that it is unlikely that the core value chain of the music industry willchange too dramatically. 44 It is therefore expected that the previous operating model
whereby artists and labels retain close links to streaming platforms, venue operators and event
promoters to distribute music, will remain dominant following the pandemic.
In regard to physical sales, which represent around 20% of recorded music revenues,
these were down by about one-third in 2020, although growth was evident in 2021. 45, 46
This could be expected given the closure of retail stores, thereby limiting people’s access topurchase music in physical formats, but digital sales also decreased. 47 In 2021, recorded music
revenues increased 18.5% over 2020 and reached the highest revenue levels in thismillennium, although there was a notable decline in revenue generated by downloads andother digital ownership formats as the trajectory of digital music consumption continued tomove from an ownership to an access model.
These findings could suggest that there would be a possible rise in demand for streaming as
an alternative to physical sales, given that many people were forced to stay at home and work
remotely. However, a study conducted during the pandemic found that the actual case wasthat the pandemic significantly reduced the consumption of audio music streaming in many
countries. 48 This can be partially explained due to the fact that this type of music consumption
is often not standalone entertainment, but complements other activities that declined during
lockdowns, such as commuting. The decline may also reflect a reduction in many people’s
available disposable income. In more than two-thirds of the countries studied thatenforced lockdowns, music streaming volume declined significantly following
lockdown measures, and on average, audio music consumption decreased 12.5% after
the World Health Organization (WHO) pandemic declaration on March 11, 2020. As a result,during the pandemic, Spotify lost $838 million of revenue in the first three quarters of 2020 in
the countries studied. 49 These results also pointed towards a partial rebound in streaming
volume in countries with a decrease in COVID-19 cases and where restrictions had beenloosened, meaning that looking ahead, any resurgence of new cases of the virus that result in
new lockdown measures could potentially lead to decreased streaming demand in the future.
In some countries however, the use of digital services for music streaming increased during
the pandemic outbreak in April 2020 compared to the pre-pandemic period, as exemplified by

43 Davies, K., ‘Festivals Post Covid-19' Leisure Sciences, 2020, Available at:https://www.tandfonline.com/doi/full/10.1080/01490400.2020.1774000, UK Department for Culture Media andSport ‘Classifying and Measuring the Creative Industries’, 2013, Available at:https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/203296/Classif
ying_and_Measuring_the_Creative_Industries_Consultation_Paper_April_2013-final.pdf.
44 Hall, S., ‘This is how COVID-19 is affecting the music industry World Economic Forum’, 2020, Available at:https://www.weforum.org/agenda/2020/05/this-is-how-covid-19-is-affecting-the-music-industry/.
45 IFPI ‘Global music report 2021’, 2021, Available at: https://gmr2021.ifpi.org/report.
46 IFPI ‘Global music report 2022’, 2022, Available at: https://globalmusicreport.ifpi.org/
47 Hall, S., ‘This is how COVID-19 is affecting the music industry World Economic Forum’, 2020, Available at:https://www.weforum.org/agenda/2020/05/this-is-how-covid-19-is-affecting-the-music-industry/.
48 Kizielewicz, C., ‘Music Streaming Consumption Fell During COVID-19 Lockdowns’ Carnegie Mellon University,
2021, Available at: https://www.cmu.edu/news/stories/archives/2021/july/music-streaming-down-duringpandemic.html#:~:text=In%20more%20than%20two%2Dthirds,declaration%20on%20March%2011%2C%202020
49 Ibid.

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the share of Finnish respondents using Spotify and Facebook for music streaming. 50 Digitalaccess to music became the only option at certain points during the pandemic, andtherefore it is vital for the economic survival of labels, performers and authors.
During the pandemic, musicians turned to utilizing digital platforms in an increased
manner in order to engage with their fans and followers, but also as a means to regainsome lost revenue in light of the cancellation of live performances. 51 Another strategy
enabling these creatives to keep in touch with their fans was to record their performances inadvance and share them as screencasts, suggesting the manner in which people consumed
music also changed to some degree during the pandemic. For example, Chinese company
Tencent Music Entertainment (TME) reported in May 2020 that they identified changes tolistening behavior during the pandemic, with more consumers using home applications on TVs
and smart devices to listen to music. 52 Spotify also embraced virtual events, with theannouncement in 2020 of the addition of virtual event listings in the Spotify app. 53 Furthermore,
the rise of TikTok is having a significant effect on music consumption. There is a huge demand
for music content, which has not only brought many new opportunities but also provided a newcontent promotion and distribution channel. 54 TikTok is also developing its own streaming
service, which is expected to contribute to these evolving dynamics. 55
For artists, the pandemic highlighted a great ‘digital divide’ between establishedmusicians and new and emerging artists. This is particularly the case in the developingworld whereby multiple waves of the pandemic, new strains and stalled and slow vaccine rollouts had an impact on already struggling artists. A survey conducted by the HEVA Fund in
Kenya found that although musicians had turned to digital platforms, it was challenging to get
attention because of the oversaturation in the online market, and electricity and internet
connectivity issues frustrated their streaming experience. Streaming during the pandemic alsopresented problems for some consumers. In wealthier countries, where internet access, dataand electricity are abundant and affordable, streaming was a suitable solution to allowing
consumption of music. Nevertheless, in developing countries services may be less dependable
and costs are higher, and this leads to potential inequalities. According to the United Nations
Conference on Trade and Development (UNCTAD), in the least developed countries, morethan 55% of the people do not have adequate access to power, which means a lack ofunlimited streaming for these audiences. 56 A study by the South African Cultural Observatory
noted that the country’s digital divide precluded many from participating in the shift to online
music, and also blocked access for many who intended to adopt digital transformation
strategies to survive. 57

50 Statista ‘Use of digital services for streaming music before and during the COVID-19 outbreak in Finland in2020’, 2022, Available at: https://www.statista.com/statistics/1147712/coronavirus-impact-on-the-use-of-digitalservices-for-streaming-music-in-finland/.
51 Henderson, M., ‘How COVID-19 exposed music industry fault lines and what can be done’ United Nations
Conference on Trade and Development (UNCTAD), 2021, Available at: https://unctad.org/news/how-covid-19exposed-music-industry-fault-lines-and-what-can-be-done.
52 Hall, S., ‘This is how COVID-19 is affecting the music industry World Economic Forum’, 2020, Available at:https://www.weforum.org/agenda/2020/05/this-is-how-covid-19-is-affecting-the-music-industry/.
53 Perez, S., ‘Spotify adds virtual event listings to its app’ TechCrunch, 2020, Available at:https://techcrunch.com/2020/09/15/spotify-adds-virtual-event-listings-to-its-app/?guccounter=1.
54 Leight, E., ‘‘If You Can Get Famous Easily, You’re Gonna Do It’: How TikTok Took Over Music’ Rolling Stone,
2019, Available at: https://www.rollingstone.com/pro/features/tiktok-video-app-growth-867587/.
55 Ibid.
56 UNCTAD ‘Over half of the people in least developed countries lack access to electricity’, 2021, Available at:https://unctad.org/topic/least-developed-countries/chart-july-2021.
57 South African Cultural Observatory ‘Impact Analysis Live Music and its Venues and the South African economy
during COVID 19’, 2020, Available at: https://www.southafricanculturalobservatory.org.za/article/sa-culturalobservatory-releases-report-on-the-impact-of-covid-19-live-music-sector.

Page 16
The pandemic also had a significant impact in regard to distribution, whereby a number ofartists delayed releases of material despite the ability to release music digitally. 58 This was
mostly due to the inability of artists to use tours to promote new albums and the risk of releasing
music to an uninterested, unaware, or overwhelmed public.
In terms of support measures to assist musicians and other professionals involved in
the music sector, different approaches and examples can be found across the globe. In
April 2020, IFPI launched an online, open access resource 59 to help those in the sector and ingovernment learn from successful initiatives put in place around the world to support theindustry. The website provides detailed information about the initiatives in place (at nationaland global level); users can filter to find information about help and resources available from a
range of bodies, including industry organizations, record labels, governments, the live sector,
digital service providers and others.
In Brazil, eight associations that collectively manage music in Brazil decided to help
professional artists and composers who were impacted by the cancellation of concerts andperformances in establishments closed due to the coronavirus pandemic. 60 In total, R$ 14
million of aid was made available through an advance, in cash, of the values referring toroyalties, which was available to 22,000 professionals, including musicians, composers andperformers from across the country. In Portugal, the Portuguese Society of Authors (SPA)
provided a human resources team to help authors apply to support measures, asked
municipalities for an advance of 40% of the value of the contracts for postponed shows anddoubled the percentage of advance payment of royalties to music authors and publishers. In
Australia, the Government’s Creative Economy COVID-19 support package included a rangeof measures, such as the $200 million Restart Investment to Sustain and Expand (RISE) Fundwhich provides project funding for festivals, concerts, tours and events. In Senegal, theSenegalese Copyright and Related Rights Office (SODAV) set up a two-step resilience plan.
The first step consisted of an allocation of CFA francs 120 million, from SODAV’s reserves,which included a social fund for CFA francs 70 million, allocated to 2,600 beneficiaries, whoreceived 30,000 CFA francs each and a 30% advance on the lesser of their last three
distributions. In a second phase, SODAV made an advance on distribution of 98 million CFA
francs to members, with 70 million CFA francs allocated to music rights and 31 million to digitalrights. In Spain, in order to offset the lack of governmental support in the industry, the Artistas
Intérpretes o Ejecutantes (AIE), a management entity for music performers and executant
musicians, implemented several measures. These measures included creating an emergency
aid fund of around €3 million for its most vulnerable members, from which more than 3,100
members benefited, endowed mainly through income from private copying. 61 It further reduced
its management costs by 12% in order to increase the funds made available to its members,
and signed a cooperation agreement with CREA (Sociedad De Garantía Reciproca), where
AIE members were able to finance 144 different musical projects.
3. PUBLISHING
The COVID-19 pandemic has taken a significant toll on the global publishing industry. Owing
to the cancellations of book fairs and industry events, lockdown measures being
placed, and the disruption of global supply chains, global publishing sales have been
58 Leight, E., ‘They Were Going to Be Spring’s Biggest Albums — Until COVID-19 Hit’ Rolling Stone, 2020,
Available at: https://www.rollingstone.com/pro/features/album-delays-caused-by-covid-19-973870/.
59 See: https://musicresponsecovid-19.ifpi.org
60 Gandra, A., ‘Covid-19: associacoes adiantam direitos autorais a musicos’, Agencia Brasil, 2020, Available at:https://agenciabrasil.ebc.com.br/geral/noticia/2020-04/covid-19-associacoes-adiantam-direitos-autorais-musicos.
61 Contribution of Artistas Interpretes o Ejecutantes – EDGPI (AIE) ‘Solicitud de información para la sesión
informativa sobre la repercusión de pandemia de Covid´+í en el ecosistema del derecho de autor’, WIPO, 2022,
Available at: https://www.wipo.int/export/sites/www/meetings/es/docs/impact-cr-edgpi.pdf.

Page 17heavily hit. 62 The global book publisher’s market declined by up to 7 billion dollars in 2020 asa result of the closure of bookstores, and existing issues relating to the rise of digital platforms
such as e-books, which were already causing challenges for independent bookstores andlibraries, were further exacerbated by the effects of the pandemic. 63 The exponential shift todigital and online distribution mechanisms has continued to increase, but even online sales(particularly of educational literature needed for studying from home) have only partiallycompensated for the revenue losses. 64 Major publishing industry events are the lifeblood of
the bulk of the book business, and with these being cancelled or postponed, the effort to shift
to digital may not be enough. 65 Furthermore, with the global rise of commodity prices and partly
due to the impacts of COVID-19, paper and raw material shortages and increase of haulage
costs are also impacting publishers around the world, especially for those that rely only on
physical formats and cannot yet enter the digital market. 66
These cancellations and postponements affect new title releases, and in turn have sunkauthor’s and publisher’s revenues. 67 A survey by the European Writer’s Council (EWC)
showed that cancellation of in-person paid live events in venues, such as festivals, readings
and lectures, are the primary cause of income loss. Indeed, 77% of all authors included in thesurvey were challenged by cancelled live events and cancellation fees were not paid in 90%of those cases 68. In 2020, only one out of the 13 international book fairs that were scheduled
to take place around the world went ahead as originally planned, and more than 50% of thefairs were postponed. 69 Support for the industry has not met expectations either, with a few
exceptions, as many governments around the world have not provided significant financial
support to the sector. 70 Based on data from 2020 from the EWC, there was a reduction of new
publications in Europe of almost a third (-150,000 titles), and thus an unprecedented radical
reduction in literary diversity. Losing the income from cancelled live events in 2020 and 2021
made matters worse for writers and translators. 71

62 International Publishers Association (IPA) ‘From Response to Recovery: the Impact of Covid-19 on the Global

Publishing Industry’, 2020, Available at: https://www.internationalpublishers.org/images/aa-content/news/news2020/ipa-post-covid-action-plan-report.pdf.
63 Isernia, P., and Lamonica, A., ‘The Assessment of the Impact of COVID‐19 on the Cultural and Creative
Sectors in the EU’s Partner Countries, Policy Responses and their Implications for International Cultural
Relations’ Cultural Relations Platform, 2021, Available at:https://www.cultureinexternalrelations.eu/downloader/download-file?file=2021/02/CRP_COVID_ICR_Study-finalPublic.pdf.
64 OECD ‘Culture shock: COVID-19 and the cultural and creative sectors’, 2020, Available at:https://www.oecd.org/coronavirus/policy-responses/culture-shock-covid-19-and-the-cultural-and-creative-sectors08da9e0e/.
65 International Publishers Association (IPA) ‘From Response to Recovery: the Impact of Covid-19 on the Global
Publishing Industry’, 2020, Available at: https://www.internationalpublishers.org/images/aa-content/news/news2020/ipa-post-covid-action-plan-report.pdf.
66 International Publishers Association (IPA) ‘IPA underlines publishers’ contribution during COVID pandemic at
WIPO Copyright Committee’, 2021, Available at: https://www.internationalpublishers.org/copyright-newsblog/1109-ipa-underlines-publishers-contribution-during-covid-pandemic-at-wipo-copyrightcommittee#SCCR41JBENG.
67 OECD ‘Culture shock: COVID-19 and the cultural and creative sectors’, 2020, Available at:https://www.oecd.org/coronavirus/policy-responses/culture-shock-covid-19-and-the-cultural-and-creative-sectors08da9e0e/.
68 George, G., et al., What has changed? The Impact of Covid Pandemic on the Technology and Innovation
Management Research Agenda Journal of Management Studies, 2020, Available at:https://onlinelibrary.wiley.com/doi/full/10.1111/joms.12634.
69 UNESCO ‘Cultural and Creative Industries In the Face of COVID-19 An Economic Impact Outlook’, 2021,
Available at: https://unesdoc.unesco.org/ark:/48223/pf0000377863/PDF/377863eng.pdf.multi.
70 International Publishers Association (IPA) ‘From Response to Recovery: the Impact of Covid-19 on the Global
Publishing Industry’, 2020, Available at: https://www.internationalpublishers.org/images/aa-content/news/news2020/ipa-post-covid-action-plan-report.pdf.
72 Federation of European Publishers (FEP) ‘Consequences of the Covid-19 Crisis on the Book Market’, 2020,
Available at: https://fep-fee.eu/European-publishing-at-the-time-of.

Page 18

Figure 1

Areas of income loss for European writers during the Covid-19 pandemic

Source: https://europeanwriterscouncil.eu/wp-content/uploads/2020/06/EWC-Survey-Economic-Impact-of-Covid19_11062020.pdf
Figure 2

Economic impact on the income of writers and translators in Europe

Source: https://europeanwriterscouncil.eu/wp-content/uploads/2020/06/EWC-Survey-Economic-Impact-of-Covid19_11062020.pdf

Across the globe, the publishing sector in the majority of countries was hit hard. Specifically,
the book market is suffering greatly from the consequences of the pandemic
restrictions. According to a survey conducted by the Federation of European Publishers(FEP), the impact of the health crisis resulted in a significant loss of revenue across theEuropean book market. 72 However, the study showed that there is an important difference
between states where governments declared a lockdown and states where restrictions shortof a lockdown were put in place. This difference affected the timing of the book market’s
recovery. In countries like Germany, Italy, and Spain, where bookstores closed during a
72 Federation of European Publishers (FEP) ‘Consequences of the Covid-19 Crisis on the Book Market’, 2020,

Available at: https://fep-fee.eu/European-publishing-at-the-time-of.

Page 19
lockdown, bookstore sales dropped by 75 to 95%, whereas in countries like Finland, Sweden,
and Norway, where bookstores remained open, book sales were down by 30 to 50% in thefirst months of the pandemic. 73 Furthermore, the findings of the FEP survey confirmed that,
despite a significant increase in online sales, they have not been enough to compensate
for the loss of revenue generated by bookshop sales. The pandemic has brought
important consequences also in the Asian book market, particularly in China. The bookindustry experienced its first negative growth in 20 years, with 20% of small and medium sizedbook companies not having published any books in the first half of 2020 and more than 60%
of companies having a tight cash flow. 74 Moreover, a survey conducted by Beijing OpenBook
highlights that, although there has been a positive growth in sales in the first half of 2021 over
2020, there are still lags in comparison to the performance of 2019. 75
The situation seemed to differ in other countries, for example, as seen in the United States.
Data from the Association of American Publishers (AAP) show that trade sales in 2020 wereahead of those in 2019 and there were no major bankruptcies. 76 Specifically, higher education
publisher sales increased by 2.3% by end of October 2020 compared to a decrease of 10.9%
in 2019, owing to the long-standing investments in digital learning and increasing digital andsubscription services throughout 2020 and 2021. 77 Trade book sales also increased (seeFigure 3).
Figure 3

United States trade book publishing sector gains by quarter in 2019 and during the first two COVID-19 pandemic years, 2020 and 2021.

Source:https://publishingperspectives.com/2022/01/aap-statshot-the-united-states-publishing-industry-gained-12-2-percent-in-2021-

covid19/73 Ibid.

74 Ren, D., and Kang, Z., ‘How COVID-19 Has Affected China’s Publishing Industry’ Nature Public Health
Emergency Collection, 2021, Available at: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8294607/.
75 Anderson, P., ‘Pandemic Effects Weigh on China’s 2021 First Half’ Publishing Perspectives, 2021, Available at:https://publishingperspectives.com/2021/08/pandemic-effects-weigh-on-chinas-market-in-2021s-first-halfcovid19/.
76 Guren, C., et al., ‘COVID‑19 and Book Publishing: Impacts and Insights for 2021’ Publishing Research
Quarterly, 2021, Available at: https://link.springer.com/content/pdf/10.1007/s12109-021-09791-z.pdf.
77 Ibid.

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Translators were also significantly affected by the pandemic. Prior to the pandemic,translators were already working in precarious circumstances, and working on a book unpaid
before any remuneration is received, the uncertainty of the next contract and absence of
remuneration rules left many in a persistent fragile income situation. 78 As a result, translators
are forced to find other side jobs to survive. Moreover, because of COVID-19’s second wave
in late 2020 and early 2021, publishers were expected to postpone and downsize theirprograms, and purchase fewer foreign rights for translations, and possibly to reduce fees andediting assignments in general. The EWC survey showed that 66% of the respondingtranslator’s organizations reported losses and expected more losses because of fewer new
contracts. 79
Notwithstanding the continuing dominance of print, in order to accommodate the closures ofbrick-and-mortar businesses and literacy events and fairs, the sector turned towards digitaland online commerce. Globally, publishers responded to the different digital trends by
diversifying their products to include e-books, audiobooks, and interactive books.
However, this was not the case for all publishers. In some low- and middle-income
emerging publishing markets the appeal of these digital formats is limited by low mobile device
penetration, limitation of digital payment methods, and minimal trust in e-commerce. 80
Moreover, with the reliance on digital methods, digital piracy increased. In Spain, theReproduction Rights Centre (CEDRO) reported that the level of e-book piracy tripled. Over 100
social media channels on Telegram, WhatsApp, or Facebook groups were blocked forexchanging content from books, journals or magazines without consent or royalties. 81 The
International Publisher’s Association (IPA) states that publishers and authors in Latin Americanand Africa delayed shifting to digital books due to fears that piracy would devastate theirrevenues and investment. 82 Specifically, it is reported that in Kenya and Nigeria, despite theinterventions by national copyright authorities to enforce the law, the revenues of the
publishers and authors are being systematically stolen across online platforms and social
media where pirated books are sold, including physical copies. 83 In other regions, theimmediate drop in demand for printed textbooks for higher education institutions also added tolongstanding existing challenges for publishers in the education sector. As an example, in the
United States, in August 2020, Moody Investor Service dropped the credit ratings of McGraw
Hill and Cengage Learning Inc. from B3 to Caa2, nearly the lowest rating possible without
actually delaying debt payments, and had previously cut Pearson Plc to the brink of junk bondrating. 84

78 European Writers' Council (EWC) ‘The Economic Impact of Covid-19 on Writers and Translators in theEuropean Book Sector 2020’, 2020, Available at: https://europeanwriterscouncil.eu/wpcontent/uploads/2020/06/EWC-Survey-Economic-Impact-of-Covid19_11062020.pdf.
79 Ibid.
80 International Publishers Association (IPA) ‘From Response to Recovery: the Impact of Covid-19 on the Global
Publishing Industry’, 2020, Available at: https://www.internationalpublishers.org/images/aa-content/news/news2020/ipa-post-covid-action-plan-report.pdf.
81 European Writers' Council (EWC) ‘One Year of Crisis: The Economic Impact of Covid-19 on Writers andTranslators in the European Book Sector 2020-2022’, 2021, Available at: https://europeanwriterscouncil.eu/wpcontent/uploads/2021/11/ONE-YEAR-OF-CRISIS_EWC-SURVEY_FINAL021121.pdf.
82 International Publishers Association (IPA) ‘IPA underlines publishers’ contribution during COVID pandemic at
WIPO Copyright Committee’, 2021, Available at: https://www.internationalpublishers.org/copyright-newsblog/1109-ipa-underlines-publishers-contribution-during-covid-pandemic-at-wipo-copyrightcommittee#SCCR41JBENG.
83 International Publishers Association (IPA) ‘IPA underlines publishers’ contribution during COVID pandemic at
WIPO Copyright Committee’, 2021, Available at: https://www.internationalpublishers.org/copyright-newsblog/1109-ipa-underlines-publishers-contribution-during-covid-pandemic-at-wipo-copyrightcommittee#SCCR41JBENG.
84 Guren, C. & McIlroy, T., ‘COVID-19 and Book Publishing: Impacts and Insights for 2021’, 2021, available at:https://link.springer.com/article/10.1007/s12109-021-09791-z

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Even with the rise of e-book use, library suppliers are struggling. DawsonEra, part ofDawson Book’s e-book platform, shut down in July 2020, 85 which was a huge blow not only toacademic libraries, but particularly to many Francophone publishers who contracted with theplatform to host their content. 86 This hindered access to a substantial amount of its contents
before other platforms could host it. Such issues with platforms can cause material to beinaccessible or lost, even if libraries had paid for licenses. This therefore causes material inlanguages other than English to have many fewer digital options available.
As a result of the pandemic, many right holders across the world took steps to provide
free access to their content to educational institutes, libraries, research institutions, andthe general public. For example, in April 2020, with the support of several publisher partners,
Research4Life was able to provide additional access to older content and backfiles which are
only available in paper or libraries to its users, effectively supporting those who could notaccess libraries due to the lockdown measures. 87 Similarly, in response to the pandemic, theInternational Association of Scientific, Technical and Medical Publishers (STM) rapidly
provided access to a wider range of relevant research, allowing more than 32,000 resources
to be made available. 88 What’s more, STM worked with publishers to identify and improve theuse of resources, and agreements were made to ensure that resources were available informats that enable machine analysis and reuse. Additionally, as publishers around the globe
provided free access to relevant COVID-19 information, the Copyright Clearance Center(CCC) created a resource page to amplify the availability of such open access material. 89
Authors, publishers, and collective management organizations have been offering
facilitated access and extended licenses for digital use for over two years now. Whileauthors often chose join initiatives to offer free or reduced price licenses to support students
and the public at large, authors are still suffering from the crisis today. The EWC reports in2020 and 2021 showed an average income loss of 50-60% for full time authors. 90 As a
response, some countries have focused on the implementation and transposition of the EU
Directive (2019/790) on Copyright. 91
The closure of bookstores has had an impact on the quality of life, demonstrating theimportance of bookstores to society. According to a survey undertaken in Canada, aroundeight out of ten Canadians believe it is necessary for society to have physical bookstores forpeople to visit, even if visits have been reduced due to pandemic restrictions. 92 In fact, in thefirst half of 2021, 57% of all respondents and 63% of buyers reported having a physical85 ProQuest ‘Preserving Access to Dawson Ebooks’, 2020, Available at:https://about.proquest.com/en/blog/2020/Preserving-Access-to-Dawson-Ebooks/.
86 International Federation of Library Associations (IFLA) ‘Request for contributions for the information session on
the impact of the Covid-19 pandemic on the copyright ecosystem’ WIPO, 2022, Available at:https://www.wipo.int/export/sites/www/meetings/en/docs/ifla.pdf.
87 Harris, S., Nzegwu, F., ‘Research4Life 2020 User Review: Final report of findings’ inasp, 2021, Available at:https://www.research4life.org/blog/research4life-responded-covid-19-emergency/.
88 Contribution of International Association of Scientific, Technical and Medical Publishers (STM) ‘Request forcontributions for the information session on the impact of the Covid-19 pandemic on the copyright ecosystem’,WIPO, 2022, Available at: https://www.wipo.int/export/sites/www/meetings/en/docs/impact-cr-ecosystemsinternational-association-of-scientific-technical-and-medical-publishers.pdf.
89 Ibid.
90 European Writers' Council (EWC) ‘The Economic Impact of Covid-19 on Writers and Translators in theEuropean Book Sector 2020’, 2020, Available at: https://europeanwriterscouncil.eu/wpcontent/uploads/2020/06/EWC-Survey-Economic-Impact-of-Covid19_11062020.pdf.
91 European Writers' Council (EWC) ‘One Year of Crisis: The Economic Impact of Covid-19 on Writers andTranslators in the European Book Sector 2020-2022’, 2021, Available at: https://europeanwriterscouncil.eu/wpcontent/uploads/2021/11/ONE-YEAR-OF-CRISIS_EWC-SURVEY_FINAL021121.pdf.
92 Hichberg, S, ‘The impact of COVID on book buying’ Booknet Canada, 2021, Available at:https://www.booknetcanada.ca/blog/2021/10/12/the-impact-of-covid-on-book-buying.

Page 22
bookstore near them, and 24% stating that their primary reason for visiting is to search forbooks in their spare time. 93
In regard to reading trends, according to a survey by the International Publishers Association(IPA), in almost 60% of the countries polled, the pandemic has enabled readers to readmore in general and readers are increasingly utilizing digital reading formats. 94 A big
factor affecting this trend is a country’s reading culture, as well as the competition for reader
attention from streaming media, social media, video games, and TV, and access to the internet
and digital delivery infrastructure. While digital reading trends have significantly changed
publishers’ product, distribution, and operational decisions as the pandemic continues, it is still
unclear whether digital reading trends will continue post-pandemic.
Digitalization was not the only answer to most of the challenges in the publishingsector. Clearly, the COVID-19 pandemic further articulated the importance of using digital
tools and embedding them in an organization’s business model, integrating them to generatesynergies with the traditional tools and strategies used in the pre-pandemic time. Innovative
new business models in the industry have emerged as a direct consequence of the
lockdown restrictions, and may lead to positive changes in the medium to long term. In
the United Kingdom and United States, an online platform called ‘Bookshop.org’ was launchedwith the aim to safeguard the independent literary community. The platform allows independentbookstores to set up their own virtual shopfront on the website and the platform manages bothcustomer service and shipping. Yet, the independent stores receive the full profit margin (30%of the cover price) from each sale. It has since generated more than $11.5 million for
independent bookstores throughout the United States. 95 Libraries have also adapted. In
Nairobi, a firm called ‘Book Bunk’ is working to restore public libraries in the city, in part by
implementing technology to control collections management and build online catalogues, whileproviding digital skills training for librarians and library users. 96 In Paris, the bookstore
Shakespeare and Company launched a membership scheme that offers a range of different
benefits, such as curated book selections and possibilities to participate in book clubs.
Supporters from across the globe has since signed up to it, and other independent bookstores
have followed its footsteps to success. 97
Several IPA members have conducted various measures to respond to COVID-19, fromlobbying their governments for stimulus programs, to providing online support resources,
online training, business assistance, capacity building, and peer support. For example, theIndonesian Publisher's Association provided online training on eBook development and sales,
as well as online marketing, and partnered with several online marketplaces such as
Tokopeida, Bukulapak and Google. 98 In Egypt, following the cancellation of Egypt’s two major
book fairs, the Egyptian Publisher’s Association gained support from the Ministry of Culture’s
Libraries and the General Authority of Culture Palaces to direct a significant portion of thebudget allocated for book purchases to support its members. 99

93 Ibid.

94 International Publishers Association (IPA) ‘From Response to Recovery: the Impact of Covid-19 on the Global
Publishing Industry’, 2020, Available at: https://www.internationalpublishers.org/images/aa-content/news/news2020/ipa-post-covid-action-plan-report.pdf.
95 UNESCO ‘Cultural and Creative Industries In the Face of COVID-19 An Economic Impact Outlook’, 2021,
Available at: https://unesdoc.unesco.org/ark:/48223/pf0000377863/PDF/377863eng.pdf.multi.
96 Ibid.
97 Ibid.
98 International Publishers Association (IPA) ‘From response to recovery The impact of Covid-19 on the global
publishing industry’, 2020, Available at: https://www.internationalpublishers.org/images/aa-content/news/news2020/ipa-post-covid-action-plan-report.pdf.
99 Ibid.

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In relation to the effects of intellectual property rights, many right holders across the world
have taken steps to provide free access to their content to educational institutes,
libraries, research institutions, and the general public. For example, the content madeavailable includes free access to educational texts and eBooks. 100 Despite these efforts
however, certain developments have threatened to undermine the rights and interests ofauthors and copyright owners during the pandemic. 101 Specifically, there have been reports
regarding the promotion of copyright infringement, deliberate misappropriation of intellectualand financial investments of authors and publishers, and disregard of copyright law. In somecountries, national libraries and policy makers have rejected offers to enable unauthorized
mass digitization projects, refusing to collaborate in copyright infringement. 102
4. VISUAL ARTS
The effects of the pandemic on the visual arts sector were felt all across the globe. A
study by EY noted that the European visual arts sector suffered a 38% loss in turnover in 2020
compared to 2019 (€-53 billion). 103 One study which looked at the impact of COVID-19 on theart gallery sector reported that galleries based in Africa (42%); Germany and Spain (38%); andthe UK (36%) were more likely to report downsizing of their team than those elsewhere. 104
Across the South and Central American regions, it is estimated that 53% of crafts organizations
experienced a decrease in revenue of more than 80% in 2020. 105 An industry survey also foundthat art galleries in France experienced losses of €84 million in the second quarter of 2020. 106
The visual arts were highly affected by the measures that came with the pandemic,
particularly given the closure of art galleries, museums and auction houses. Given thatthe sector also largely relies on big events, fairs and biennales, the restrictions on travel andsocial gatherings brought about by the pandemic had a profound negative effect on theinternational visual art market and its related ecosystem. This had a great effect on visual
artists, who lost the possibility of income from the exhibition of their works or from their saleand resale. 107 According to the European Visual Artists (EVA), the financial losses registeredin Europe in 2020 obliged artists to abandon their artistic profession to seek alternative sourcesof income and reduce artistic activity to a hobby. 108

100 Gurry, F., ‘Intellectual property, innovation, access and COVID-19’ WIPO, 2020, Available at:https://www.wipo.int/wipo_magazine/en/2020/02/article_0002.html.

101 International Publishers Association (IPA) ‘IPA underlines publishers’ contribution during COVID pandemic at

WIPO Copyright Committee’, 2021, Available at: https://www.internationalpublishers.org/copyright-newsblog/1109-ipa-underlines-publishers-contribution-during-covid-pandemic-at-wipo-copyrightcommittee#SCCR41JBENG.
102 Copyright Alliance, ‘Internet Archive Continues To Harm Authors’, available at:https://copyrightalliance.org/trending-topics/internet-archive-harms-authors/, International Publishers Association,‘From response to recovery - the impact of covid-19 on the global publishing industry’, 2020, available at:https://www.internationalpublishers.org/images/aa-content/news/news-2020/ipa-post-covid-action-plan-report.pdf
103 Lhermitte, M., et al., ‘Rebuilding Europe, the cultural and creative economy before and after the COVID-19
crisis’ Ernst & Young, 2021, Available at: https://www.rebuildingeurope.eu/_files/ugd/4b2ba2_1ca8a0803d8b4ced9d2b683db60c18ae.pdf.
104 McAndrew, C., ‘The Art Market 2022’ Art Basel and UBS, 2022, Available at:https://d2u3kfwd92fzu7.cloudfront.net/The_Art_Market_2022.pdf.
105 UNESCO ‘Evaluación del impacto del COVID-19 en las industrias culturales y creativas’, 2021, Available at:https://unesdoc.unesco.org/ark:/48223/pf0000380185?1=null&queryId=N-a3e3a6bd-cf60-40da-b09dc604a0430750.
106 OECD ‘Culture shock: COVID-19 and the cultural and creative sectors’, 2020, Available at:https://www.oecd.org/coronavirus/policy-responses/culture-shock-covid-19-and-the-cultural-and-creative-sectors08da9e0e/.
107 European Visual Artists (EVA) ‘Covid-19 will be catastrophic for Visual Artists. Let’s protect them!’, 2021,
Available at: https://www.evartists.org/covid-19-will-be-catastrophic-for-visual-artists-lets-protect-them/.
108 Ibid.

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A study conducted by Americans for the Arts underlines that the financial loss experienced by
non-profit artistic and cultural American associations amounted to around $17.97 billion in July
2021 109. In April 2021, people in 959,000 jobs had been laid off and, although there was someincrease in art jobs by January 2022 (from $1.2 million in April 2020 to $2.1 million in January2022), the number is still down from the pre-pandemic level 110). The survey administered byAmericans for the Arts in April 2021 identified the closure of cultural and art venues as themain reason for the considerable loss of income for the creative industry. A survey by theUnited States Census Bureau reported that arts, entertainment, and recreation industries areamong the most likely to take longer than six months to recover from the pandemic. 111 Figuresfrom the International Confederation of Societies of Authors and Composers (CISAC) indicatethat the visual arts sector around the world saw a 19.9% copyright collections increase in theyears 2014-2018, but it had already been declining between 2017-2018 by 18.4%. Visual arts
collections declined slightly in 2019, but big losses were expected in 2020, particularly as
resale right royalties for visual artists paid by galleries and auction houses ground to a halt. 112
The resale right enables artists to earn a share of the proceeds when their works are resold byauction houses and galleries, which can represent a crucial income to the creator when works
are re-sold.
Regarding the shift to digital, the remuneration of visual artists in the digital sector has
not caught up with offline remuneration, which left them particularly vulnerable to theimpacts of the pandemic. Online revenues from visual arts are not enough to offset the lossof the offline revenues, especially taking into account the higher risk of piracy and unauthorized
uses. Also concerning in the long term is that studies have suggested that 1 in 8 museums in
the EU may never reopen. In France alone, 1 out of 3 art galleries are projected not toreopen. 113 A particular issue that left the sector vulnerable during the pandemic is that royalties
generated by the use of visual works on digital platforms provide a minimal amount of therevenue generated in the sector. Figures from CISAC reveal that digital works generate just
3.4% of total collections, despite the fact that there was 26.4% growth in 2019.
However, the sector quickly tried to move towards digital solutions to offset the impact
and to grow its resilience, which has led to some major structural transformations forthe sector. 114 For example, one study indicates that social media is now ranked as the sector’s
third most important sales channel, ahead of fairs, and industry experts note that these trends
are not just temporary responses to the pandemic but they represent structural changes to thesector that increase interest and interaction. 115 A specific example of how digital transformation
impacted the visual art world can be found in Uganda, whereby the Kampala Art Biennale
teamed up with web-developers, creative thinkers, 3D-experts, game designers and digitalartists to create a new multi-sensory way of experiencing a biennale in a virtual space.
Networking was enabled through the use of chatrooms and webinars, which allowed thepossibility for interaction between artists and audiences. The virtual biennale was turned intoa virtual archive and remains accessible beyond the original exhibition. 116 As a further example,
Art Basel brought forward the launch of its Online Viewing Rooms to support the galleries andartists that had been due to show at Art Basel Hong Kong 2020. 117 In total, 235 exhibitors took
part, showing more than 2,000 works, with an aggregate value of approximately US$270
million. This inaugural edition brought galleries, collectors, and artists together during this timeof social distancing, attracting the attention of a worldwide audience of over 250,000 visitors.
109 American for the Arts (2022). https://www.americansforthearts.org/node/103614
110 US Bureau of Labor Statistics, 2022
111 Ibid.
112

The International Confederation of Authors and Composers (CISAC) ‘Covid-19: Crisis, Resilience, Recovery’, 2020, Available at: https://www.cisac.org/Media/Studiesand-Reports/Publications/Royalty-Reports/2020-CISAC-Global-Collections-Report-EN.
113
European Visual Artists (EVA) ‘EU Visual Art Sector Suffers -38% Loss Due to Covid-10, Study Says’, 2021, Available at: https://www.evartists.org/wpcontent/uploads/2021/01/20210126-EVA-press-release_EY-study.pdf.
114
UNESCO ‘Cultural and Creative Industries In the Face of COVID-19 An Economic Impact Outlook’, 2021, Available at:https://unesdoc.unesco.org/ark:/48223/pf0000377863/PDF/377863eng.pdf.multi.
115
Ibid.
116
Kampala Biennale ‘Kampala Art Biennale 2020 Virtual’, 2020, Available at: https://kampalabiennale.org/.
117
Art Basel ‘Online Viewing Rooms: ‘Art Basel has paved the way for what’s to come’, says exhibitor’, 2020, Available at: https://www.artbasel.com/stories/online-viewingrooms-roundup.

Page 25
Having set up more Online Viewing Rooms for subsequent art fairs, Art Basel is now starting
to charge entry for the Online Viewing Rooms, creating a new, digital business model for art
fairs.
The year of 2020 took a serious toll on the art market around the world following theoutbreak of the COVID-19. This was especially true in the first half of the year, when mostoffline activities were cancelled, and the art market worldwide came to a standstill at one point.
To face this unexpected change, the global art market rose to the occasion after a short periodof adaptation and adjustment. Online resources were immediately activated for art exhibitions,primary market galleries, as well as secondary market auctions, to be brought online within an
extremely short period of time. The period was also characterized by social solidarity,
collaborations between galleries and auction companies, innovations in sales formats,and an intensive development of digital tools. According to the Artprice report, in 2020,’remote’ auctions became the new norm, with some vendors going the whole distance byoffering ‘online only' sales (i.e., without an auctioneer). Specifically, during the first lockdown
there was a considerable increase in connections with a larger, younger audience and an influxof new bidders. This generated a very positive sales rate (76%) from this renewed audience.
For example, in 2020, Christie’s generated a 262% increase in online sales and Phillips’ online
sales rose by 134%. In 2021, the global art market regained much of its customary dynamism.
In short, an emergency situation ultimately had positive repercussions on the structureof auction houses and on the quality of exchanges, accelerating the art market’s digitaltransformation and its expansion of transaction volumes. The world’s major auction
houses are today models of adaptability. The paradigm shift, represented by the digital
revolution, seems to have reached all of the market’s players, local and international, large
and small. Clearly, digitization has opened up auctions to a huge new customer base,particularly 30- and 40-year-olds, who rarely dabbled in the market previously. Auction houses,
dealers and artists, and other stakeholders in the art ecosystem are accelerating theircapabilities with online sales platforms, social media offerings and a greater focus on data andanalytics. In parallel, innovation and integration of augmented reality, virtual reality and mixed
reality technologies have improved services for art exhibitions, online transactions, educationand promotion, etc., creating a better user experience.
In regard to financial support, governments and sectoral organizations implemented
measures during the pandemic to try to mitigate the impacts of the pandemic on the
sector. The US engaged around $54 million to regional and state arts organizations throughthe American Rescue Plan. 118 The Canadian government proposed to provide $300 million
over two years to Canadian Heritage to establish a Recovery Fund for the Arts, Culture,
Heritage, and Sport Sectors as part of the Canada emergency Wage Subsidy. 119 In France,
the French visual arts society (ADAGP) continued paying royalties and steered members tofunding programs. Furthermore, emergency funds of around €750k, were contributed to the
National Centre for Fine Arts (CNAP) and the National Book Centre (CNL) in partnership with
the Société des Gens de Lettres (SGDL). ADAGP lobbied for a support system for artists,
increased protection for the exposition of works and stronger negotiating power with major
digital service providers.
Governments and national art associations in some countries established funds toshow solidarity and provide financial support to authors, publishers, and artists facing
difficult pandemic conditions. For instance, the Mauritius Republic has invested in assistingartists by distributing Rs19 million in 2020. The assistance provided by the Mauritius
118 National Endowment for the Arts, ‘The American Rescue Plan’, 2021, Available at:https://www.arts.gov/COVID-19/the-american-rescue-plan.
119 Canadian Government, ‘Continued Support for Arts, Culture, Heritage and Sport Sector Organizations’, 2021,
https://www.canada.ca/en/canadian-heritage/news/2021/06/continued-support-for-arts-cultureAvailable
at:heritage-and-sport-sector-organizations.html

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government to artists could be a significant turning point in the fight for the legal recognition ofartists as a profession. 120 In the Southeast Asia region, the governments of Singapore andPenang provided direct financial assistance to artists. 121 Additionally, the Italian government
issued a decree to allocate a total amount of €11.4 billion in 2021 to aid professionals of several
sectors, among which arts. Another example is the Finnish government, which in 2021
proposed a €15 million supplementary budget for the Arts Promotion Centre Finland. In somecases, the efforts of governments to assist the national cultural and creative sectors
have been considered inadequate by artists, who continue to feel abandoned and forced
to live in unsustainable conditions. To explain this, some authors 122 refer to the fact thatgovernment support is often directed to institutions and not to the creative workforce, on whose
work the industry is reliant.

[Part II follows]

120 Available at: https://www.lemauricien.com/. lemauricien.com, 2021.
121 Available at: https://bangkok.unesco.org/.

bangkok.unesco.org, 2021

122 Consequences of the Covid-19 Pandemic on Creators and the Creative Industry (2022). WIPO material.

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PART II:CULTURAL HERITAGE INSTITUTIONS,EDUCATION AND RESEARCH
In this chapter we will provide an overview of the main trends and impacts identified per sector,
based on the situation created by the COVID-19 pandemic. Additionally, a description of thetypes of measures taken to address the impacts is provided. Three different sectorial
institutions are provided in this section: museums, libraries and archives, and education andresearch institutions.
1. MUSEUMSThe COVID-19 pandemic has had a considerable impact on museums all around theworld, whereby due to lockdown restrictions, physical collections and gallery spaces
were inaccessible to the public for extended periods of time. The three surveys carriedout in April 2020, October 2020 and May 2021 by the International Council of Museums (ICOM)
provide a comprehensive overview. In April 2020, whilst the situation for museums varied
across the globe, almost 95% of institutions were forced to close to safeguard the wellbeing ofstaff and visitors, resulting in severe economic, social and cultural repercussions. In the fall of
2020, the situation for museums was more varied, with stark regional differences in terms of
opening rates and economic impact.
Overall, the situation of museums in the spring of 2021 worsened slightly compared to theprevious year, but this was inconsistent across countries, regions and continents: while theoverwhelming majority of museums in Africa and the Pacific were open, in Europe and North
America they had only started to reopen their venues. The situation for Asia, Latin America
and the Caribbean and Arab Countries was inconsistent at the local level. This was also
included in a report, which finds that 85,000 museums (approximately 90% all of the world’s
museums) have been affected by temporary closures as part of the measures taken to combat
COVID-19. 123
Additionally, global tourism was heavily disrupted throughout 2020 and 2021, with 2020
considered the worst year on record for tourism, when international arrivals decreased by
73%. 124 In Europe, where the European Commission estimates that cultural tourism accounts
for 40% of all European tourism and where 4 out of 10 tourists choose a destination based on
its cultural offering, this had particularly profound economic effects for museums. 125 In
particular, private museums were severely affected, resulting in bankruptcies and, according
to ICOM, more than one in ten museums may never reopen. 126
Additionally, ICOM noted that whilst the majority of museum staff were able to work from homeduring lockdowns, many staff members lost their jobs as temporary contracts were terminated123 UNESCO ‘Museums around the world in the face of COVID-19’, 2020, Available at:https://unesdoc.unesco.org/ark:/48223/pf0000373530.
124 UNWTO ‘Impact Assessment of the Covid-19 Outbreak on International Tourism’, 2021, Available at:https://www.unwto.org/impact-assessment-of-the-covid-19-outbreak-on-internationaltourism#:~:text=International%20tourism%20experienced%20a%204,2019%2C%20according%20to%20prelimin
ary%20estimates.
125 European Commission ‘Cultural Tourism’, 2022, Available at:https://ec.europa.eu/growth/sectors/tourism/offer/cultural_en.
126 UNESCO ‘Museums around the world in the face of COVID-19’ 2020, Available at:https://unesdoc.unesco.org/ark:/48223/pf0000373530.

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or not extended. 127 In the different COVID-19 waves, the employed personnel has been
increasingly downsized. The situation for museum personnel remains critical, this isparticularly true for freelance professionals. Following the evolution of the three ICOM reports,
there is a sharp decrease in the percentage of museum-related work in the total income offreelancers. The percentage of workers for whom consultancy for museums equals at least
50% of their income fell from 56.9% to 32.5%.
One of the major developments that took place during the pandemic was the need formuseums to offer different ways to engage with audiences, which mostly involved amove to digital initiatives. One of the most interesting figures from the surveys carried out
ICOM has been the massive shift to digital activities. This trend increased sharply between thefirst two surveys. Prior to the pandemic, there was little digital to be seen in museums, andeven digital art was mostly excluded.128 The COVID-19 crisis meant that digital was the main
source of revenue and the main way to engage with the public and audiences for manymuseums. The major changes prompted museums to rethink their strategies, addressquestions of relevance, and find new virtual solutions rather than physical interactions.
Therefore, virtual tours, collection online, online exhibitions, online learning programs, anintensive activity on social media, special podcasts, and even video games and gamification
emerged as alternative solutions to experiencing heritage, and many in the sector agree that
although digital cannot substitute for traditional site visits, these new means offer new andcomplementary benefits for institutions. 129 For instance, immediately following the initialoutbreak of the pandemic, China’s National Administration of Cultural Heritage issued astatement requesting the country’s state-owned and private museums to share their exhibitions
online to encourage the determination and morale of local people to fight the epidemic. 130
Although already prior to the pandemic many museums offered online catalogues of theircollections to the public, online provision of digitized content was, and continues to be,surrounded by a cloud of legal uncertainty due to differences in the copyright status of the art
works. 131 While with art works available in the public domain museums face no legal issues
showcasing them online, with copyrighted works of art, museums usually must obtain specificpermission (often in a form of license) from the exclusive right holder for such use, as although
they might own a physical copy of the work they do not automatically have a right to copy or
display it online. 132 Subject to national jurisdiction-specific limitations and exceptions,museums can be sometimes exempt from having to obtain authorization of the right holder
127 International Council of Museums ‘Museums, museum professionals and COVID-19’, 2020, Available at:https://icom.museum/en/news/museums-museum-professionals-and-covid-19-survey-results/, International
Council of Museums ‘Follow-up survey: the impact of COVID-19 on the museum sector’, 2020, Available at:https://icom.museum/en/covid-19/surveys-and-data/follow-up-survey-the-impact-of-covid-19-on-the-museumsector/, International Council of Museums ‘Museums, museum professionals, and COVID-19: Third Survey’,
2021, Available at: https://icom.museum/wp-content/uploads/2021/07/Museums-and-Covid-19_third-ICOMreport.pdf.
128 Giannini, T., and Bowen, J., ‘Museums and Digital Culture: From Reality to Digitality in the Age of COVID-19’
Heritage, 2022, Available at: https://www.mdpi.com/2571-9408/5/1/11, International Council of Museums‘Museums, museum professionals and COVID-19’, 2020, Available at: https://icom.museum/en/news/museumsmuseum-professionals-and-covid-19-survey-results/, International Council of Museums ‘Follow-up survey: theimpact of COVID-19 on the museum sector’, 2020, Available at: https://icom.museum/en/covid-19/surveys-anddata/follow-up-survey-the-impact-of-covid-19-on-the-museum-sector/, International Council of Museums‘Museums, museum professionals, and COVID-19: Third Survey’, 2021, Available at: https://icom.museum/wpcontent/uploads/2021/07/Museums-and-Covid-19_third-ICOM-report.pdf.
129 UNESCO ‘Cultural and Creative Industries In the Face of COVID-19 An Economic Impact Outlook’, 2021,
Available at: https://unesdoc.unesco.org/ark:/48223/pf0000377863/PDF/377863eng.pdf.multi.
130 British Council ‘COVID-19’s impact on the arts sector in China’, 2020, Available at:https://www.britishcouncil.org/research-policy-insight/insight-articles/impact-covid-19-arts-sector-china.
131 World Intellectual Property Organization ‘Revised report on copyright practices and challenges of museums’,
2019, Available at: https://www.wipo.int/edocs/mdocs/copyright/en/sccr_38/sccr_38_5.pdf.
132 Benhamou, Y., ‘Copyright and Museums in the Digital Age’, WIPO Magazine, 2016, Available at:https://www.wipo.int/wipo_magazine/en/2016/03/article_0005.html.

Page 29
based on the purpose of the online display or on the characteristics of the art work in question,
provided the interests of the artist are not unreasonably tethered. 133,134 For instance, in the
United States, Canada, and Mexico, the Guidelines for the Use of Copyrighted Materials andWorks of Art by Art Museums suggests that reproduction of thumbnail-size images of works ina searchable database is fair use – permitted without authorization. 135 Some museums in othercountries do not rely on limitations and exceptions at all 136, instead obtaining permission to
reproduce works of art as a matter of course as a risk-management measure and/or topreserve relationships with artists. An additional consideration in content digitization is theaccessibility of the necessary equipment for it - many museums worldwide partnered up with
Google Arts & Culture to provide high-quality virtual content. 137 Many have noted that online
collections have traditionally been accessed by students, scholars, and researchers looking
for specific information. 138 These tools however do not provide the social gathering function
offered by a physical museum, which has led museums to provide an alternative approach tothis aspect. 139
COVID-19 forced museums that had to close during lockdowns to accelerate their useof digital and virtual reality tools on offer. 140 Data from ICOM showed that at least 17% of
the world’s museums enhanced their digital activities during the pandemic, a figure that rises
to almost 50% if channels such as social media, livestreaming events or online educational
programs are also considered. 141 Institutions with previously integrated digital strategies inplace reported a smoother transition compared to institutions that had previously struggled toincorporate digital activities before COVID-19. 142 This raises questions about the maturity andsustainability of these practices in the future.
Major museums and heritage institutions across the world, such as The Metropolitan Museumin New York and The National Museum of Modern and Contemporary Art in Seoul had alreadyexisting digital initiatives, such as virtual tours prior to the pandemic, and the pandemic acted
as a motivation to improve communication of these initiatives to bring in audiences. 143 Virtualexhibitions and tours include activities such as posting films and videos of time-based art, filmsof curators providing a guided tour of an exhibition, live-streamed interviews of artists, user133 Ibid.

134 World Intellectual Property Organization ‘Revised report on copyright practices and challenges of museums’,

2019, Available at: https://www.wipo.int/edocs/mdocs/copyright/en/sccr_38/sccr_38_5.pdf.
135 Association of Art Museum Directors ‘Guidelines for the use of Copyrighted Materials and Works of Art by Art
Museums’, 2017, Available at:https://aamd.org/sites/default/files/document/Guidelines%20for%20the%20Use%20of%20Copyrighted%20Materi
als.pdf.
136 This is the same problem experienced by libraries. See Canadian Federation of Library Associations ‘Request
for contributions for the information session on the impact of the Covid-19 pandemic on the copyright ecosystem’
WIPO, 2022, Available at: https://www.wipo.int/export/sites/www/meetings/en/docs/canadian-federation-of-libraryassociations.pdf.
137 Quinones Vila, C.S., ‘What’s in a Name? Museums in the Post-Digital Age’ Santander Art and Culture Law
Review, 2020, Available at: https://heinonlineorg.ezproxy.hhs.nl/HOL/Page?collection=journals&handle=hein.journals/saaclr2020&type=Text&id=351.
138 Grant, D., ‘America's virtual museums take on new significance as Covid-19 lockdown deepens’ The Art
Newspaper, 2020, Available at: https://www.theartnewspaper.com/2020/03/18/americas-virtual-museums-takeon-new-significance-as-covid-19-lockdown-deepens.
139 Ibid.
140 Dawson, A., ‘Top online museum and art tours to enjoy from home’ The Art Newspaper, 2020, Available at:https://www.theartnewspaper.com/2020/03/13/top-online-museum-and-art-tours-to-enjoy-from-home.
141 International Council of Museums ‘Follow-up survey: the impact of COVID-19 on the museum sector’, 2020,
Available at: https://icom.museum/en/covid-19/surveys-and-data/follow-up-survey-the-impact-of-covid-19-on-themuseum-sector/.
142 American Alliance of Museums ‘TrendsWatch: Navigating a Disrupted Future’, 2021, Available at:https://www.aam-us.org/programs/center-for-the-future-of-museums/trendswatch-navigating-a-disrupted-future/.
143 UNESCO ‘Cultural and Creative Industries In the Face of COVID-19 An Economic Impact Outlook’, 2021,
Available at: https://unesdoc.unesco.org/ark:/48223/pf0000377863/PDF/377863eng.pdf.multi.

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generated content, social media marketing, 360-degree photography, and augmented andvirtual reality experiences. 144
The case of virtual reality (VR) and augmented reality (AR) applications is one that hasdeveloped significantly during the pandemic, as these have also been utilized by museums asa means to allow engagement of audience with the institutions. 145 One example can be seenin the case of the National Museum of Singapore, which launched an immersive installationthat included three-dimensional interactive animations of history drawings and is accompanied
by an AR application available for download by visitors. 146 Additionally, the Louvre Museum in
Paris developed “Mona Lisa: Beyond the Glass”, which is a VR experience available both at
the museum and for download which utilizes interactive design, sound, and animated images
to explore the painting and its context. 147
Interestingly, the use of such digital tools by museums finds them acting as both aproducer and publisher, which requires them to understand the type of rights they need toobtain from third parties in addition to protecting the intellectual property they are creating anddisplaying. Whilst larger and more established institutions are generally accustomed to
managing the intellectual property rights associated with a variety of online media madeavailable to members of the public, smaller institutions often lack the necessary training andresources to navigate the various rights issues. 148
In general, the pandemic showed a distinct gap between institutions who were able toaccelerate digital strategies that were already in place or make agile changes to theirprogramming when compared to other institutions who struggled to provide online
content. 149 In particular, a survey by ICOM showed that larger museums seem to be better
equipped than small to medium-sized museums to experiment with new ways of generating
income, and that museums relying mainly on earned income and private funds made more
efforts to generate additional revenues when compared to museums relying on public orendowment funds. 150 It is important to also note that digital initiative responses developed dueto the pandemic were absent in most cases in African states and Small Island Developing
States. 151

144 Grant, D., ‘America's virtual museums take on new significance as Covid-19 lockdown deepens’ The Art

Newspaper, 2020, Available at: https://www.theartnewspaper.com/2020/03/18/americas-virtual-museums-takeon-new-significance-as-covid-19-lockdown-deepens.
145 Coates, C., ‘How Museums are using Augmented Reality’ Museum Next, 2021, Available at:https://www.museumnext.com/article/how-museums-are-using-augmented-reality/, Coates, C., ‘Virtual Reality is a
big trend in museums, but what are the best examples of museums using VR?’ Museum Next, 2021, Available at:https://www.museumnext.com/article/how-museums-are-using-virtual-reality/.
146 Coates, C., ‘How Museums are using Augmented Reality’ Museum Next, 2021, Available at:https://www.museumnext.com/article/how-museums-are-using-augmented-reality/, National Museum ofSingapore ‘Story of the Forest’, 2022, Available at: https://www.nhb.gov.sg/nationalmuseum/ourexhibitions/exhibition-list/story-of-the-forest.
147 Coates, C., ‘How Museums are using Augmented Reality’ Museum Next, 2021, Available at:https://www.museumnext.com/article/how-museums-are-using-augmented-reality/, Coates, C., ‘Virtual Reality is a
big trend in museums, but what are the best examples of museums using VR?’ Museum Next, 2021, Available at:https://www.museumnext.com/article/how-museums-are-using-virtual-reality/.
148 Brankov, A., ‘Copyright Considerations as Art Galleries and Museums Move Online in the Wake of COVID-19’
NYSBA, 2020, Available at: https://nysba.org/copyright-considerations-as-art-galleries-and-museums-moveonline-in-the-wake-of-covid-19/#_edn26.
149 Policy and Evidence Centre ‘Digital Culture: Consumption in Lockdown Insights from the Consumer Tracking
Study’, 2020, Available at: https://www.pec.ac.uk/assets/images/The-PEC-and-the-IPO-cultural-consumptionstudy-insights-from-the-six-week-study.pdf.
150 International Council of Museums ‘Museums, museum professionals, and COVID-19: Third Survey’, 2021,
Available at: https://icom.museum/wp-content/uploads/2021/07/Museums-and-Covid-19_third-ICOM-report.pdf.
151 UNESCO ‘Museums around the world in the face of COVID-19’, 2020, Available at:https://unesdoc.unesco.org/ark:/48223/pf0000373530.

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It has also been noted that in many heritage institutions, for some time there has been a
distinct lack of the digital skills required to implement the necessary changes, as wellas access to the relevant training in the sector. 152,153 In addition, insufficient financial resources
and the underdevelopment of digital infrastructure further slows down the transformation andhighlights the digital divide between developed and developing countries (see figure
below). 154,155
Figure 4

Digital services provided by institutions

Source: Going Digital, Copia di Gaballo Presentation ICOM When Museums Go Online - Online Conference, Available at:https://www.digitizationpolicies.com/medias/WMGO_Presentation-PK.pdf

These problems were exacerbated however during the pandemic, particularly in the earlystages, when museums and galleries were facing a number of challenges at the institutional
level, ranging from the new rules relating to working from home, the provisions of digital accessto audiences and the ability to generate revenue in an online environment. 156 A study on
institutions in the United States indicated that half of the institutions surveyed had either no
dedicated digital staff or this role was carried out by a single individual, and that medium andlarge institutions were twice as likely to report digital development teams in-house whencompared to smaller institutions. 157 Whilst the study showed that smaller institutions do bringin individuals to fulfil these roles, it is evident that there is a lack of capacity and skills to
152 Newman, T., et al., ‘Dash Survey Results 2020 Describing the digital attitudes, skills and organizational

support of people working across the UK heritage sector’ Timmus Research and Heritage Fund, 2020, Available
at:https://www.heritagefund.org.uk/sites/default/files/media/attachments/DASH%20report%20draft%20v13.1.5.pdf.
153 European Expert Network on Culture and Audiovisual, ‘Skills, training and knowledge transfer: traditional andemerging heritage professions’, 2017, available at:https://eenca.com/eenca/assets/File/EENCA%20publications/request%2011_final-report-on-emerging-heritageprofessions-23062017.pdf
154 Al Ani, A., Siebert, C., ‘A Digital Transformation of Arab Museums: Challenges and Unconventional Strategies’,
2021, Available at: https://www.artsmanagement.net/Articles/A-Digital-Transformation-of-Arab-MuseumsChallenges-and-Unconventional-Strategies,4389.
155 Quinones Vila, C.S., ‘What’s in a Name? Museums in the Post-Digital Age’ Santander Art and Culture Law
Revies, 2020, Available at: https://heinonlineorg.ezproxy.hhs.nl/HOL/Page?collection=journals&handle=hein.journals/saaclr2020&type=Text&id=351.
156 Ibid.
157 Knight Foundation ‘Digital Readiness and Innovation in Museums: A baseline national survey’, 2020, Available
at: https://knightfoundation.org/wp-content/uploads/2020/10/Digital-Readiness-and-Innovation-in-MuseumsReport.pdf.

Page 32
advance digital programming institution-wide. 158 A study in the UK found that a skills gap also
became evident in museums and heritage institutions during the pandemic, with many lacking
awareness of key issues such as accessibility and copyright in particular. 159
One of the positive aspects of the pandemic in regard to museums was that the new digitaldevelopments that had to take place to adapt to the situation offered more possibilities
from an audience development perspective. In particular, the shift to digital-only
participation created the potential for new and diversified audiences to encounter museums,
which was confirmed by surveys carried out in the United Kingdom and the United States. 160
It also contributed towards the re-assessment of the rationale for and purpose of digital
engagement for museums and a rethinking of their mission in a virtual environment. Thismeans placing digital activities and engagement not only as a means to enhance the museum
experience as a form of delivery or entertainment but also putting them at the core of museum
delivery. 161 Digital access for museums also has been found to generate/create/produce othersocietal benefits and public services, access to new resources for research and education 162,
and activities that promote citizens’ wellbeing and mental health. 163 However, there are someconsumer categories such as small children and older people who encountered difficulties, as
their virtual literacy is limited, and their online consumption often needs to be facilitated byother people around them.
It is envisioned that COVID-19 will have a long standing and structural impact on themuseum sector, with institutions addressing a number of issues that have been raised as aresult of the pandemic, such as using digital tools to address the needs that became apparent
during the crisis, as well as the lack of staff and digital skills training (see figure below). 164

158 Ibid.

159 Newman, T., et al., ‘Dash Survey Results 2020 Describing the digital attitudes, skills and organizational

support of people working across the UK heritage sector’ Timmus Research and Heritage Fund, 2020, Available
at:https://www.heritagefund.org.uk/sites/default/files/media/attachments/DASH%20report%20draft%20v13.1.5.pdf.
160 Samaroudi, M., et al., ‘Heritage in lockdown: digital provision of memory institutions in the UK and US ofAmerica during the COVID-19 pandemic’ Museum Management and Curatorship, 2020, Available at:https://www.tandfonline.com/doi/full/10.1080/09647775.2020.1810483.
161 Noehrer, L., et al., ‘The impact of COVID-19 on digital data practices in museums and art galleries in the UK
and the US Humanities and Social Sciences Communications’, 2021, Available at:https://www.nature.com/articles/s41599-021-00921-8.
162 Agostino, D., et al., ‘New development: COVID-19 as an accelerator of digital transformation in public service
delivery’ Public Money and Management, 2020, Available at:https://www.tandfonline.com/doi/full/10.1080/09540962.2020.1764206.
163 Policy and Evidence Centre ‘Digital Culture: Consumption in Lockdown Insights from the Consumer Tracking
Study’, 2020, Available at: https://www.pec.ac.uk/assets/images/The-PEC-and-the-IPO-cultural-consumptionstudy-insights-from-the-six-week-study.pdf.
164 Newman, T., et al., ‘Dash Survey Results 2020 Describing the digital attitudes, skills and organizational
support of people working across the UK heritage sector’ Timmus Research and Heritage Fund, 2020, Available
at:https://www.heritagefund.org.uk/sites/default/files/media/attachments/DASH%20report%20draft%20v13.1.5.pdf.

Page 33
Figure 5

Changes considered by institutions following lockdown

Source: Going Digital,,Copia di Gaballo Presentation ICOM When Museums Go Online - Online Conference, available at:https://www.digitizationpolicies.com/medias/WMGO_Presentation-PK.pdf

Museums will need to adapt to a new approach whereby the physical space is not the only
focus, and there is exploration of additional means to utilize digital content to address issuesof accessibility and inclusion, as well as to financially exploit digital content as a new source ofincome. 165 The digital shift has obliged museums as well as other cultural and creative
organizations to reconsider their social role with respect to the new positioning on the market
and how they can attract a new target audience digitally. 166 Clearly, museums have revealed
the importance of using digital technologies as their main survival instrument. Overall,these digital activities considerably improved the relations between museums and customers
and were effective in reinforcing the new concept of the participatory museum andpromoting post-visit learning. Heritage organizations, memory institutions and museums in the
US and UK also considered using similar approaches to digitalization as a resilient responseto the COVID-19 pandemic. 167
2. LIBRARIES AND ARCHIVES
The COVID-19 pandemic had significant consequences for libraries and archives. The
immediate effects of lockdowns and public health restrictions led to public, academic
and school libraries temporarily closing their physical doors. 168 For instance, theAmerican Library Association (ALA) report suggests that the complete closure of academic
library facilities became the norm as early as mid-March 2020. 169 The International Federationof Library Associations (IFLA) reports that some countries' libraries remained closed till

165 Art Fund ‘Looking ahead Museum Sector Research May 2021 Summary Report’, 2021, Available at:https://bigbangartfund-assets.s3.eu-west-2.amazonaws.com/downloads/looking-ahead-sector-research-report2021.pdf.
166 Raimo, N., et al., ‘Digitalization in the cultural industry: evidence from Italian museums’ International Journal of
Entrepreneurial Behavior & Research, 2021, Available at:https://www.emerald.com/insight/content/doi/10.1108/IJEBR-01-2021-0082/full/html.
167 Samaroudi, M., et al., ‘Heritage in lockdown: digital provision of memory institutions in the UK and US ofAmerica during the COVID-19 pandemic’ Museum Management and Curatorship, 2020, Available at:https://www.tandfonline.com/doi/full/10.1080/09647775.2020.1810483.
168 Hackett, T., ‘E-Resources during COVID-19: copyright and licensing issues’ EIFL, 2020, Available at:https://www.eifl.net/sites/default/files/resources/teresa_aflia_14_july_2020_2.pdf.
169 Connell, R., et al., ‘The Impact of COVID-19 on the Use of Academic Library Resources’ Informational
Technology and Libraries, 2021, Available at: https://ejournals.bc.edu/index.php/ital/article/view/12629.

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October 2020. 170 However, most countries started re-opening with health and safety protocols
in place. In the short term, the pandemic restricted access to publications and led to financial
difficulties for libraries, writers, and publishers. IFLA and Electronic Information for Libraries(EIFL) surveys, carried out in February and March 2022, identified the main library challenges
with providing access to materials and services they would be able to facilitate in physical formor within the institution premises. 171
Faced with health emergencies, libraries reacted to crises differently. Many libraries turned
to digital environments within the spirit of their core mission to provide broad andequitable access to information and knowledge. 172 Experts have suggested that COVID19 has accelerated the process and investment toward the digital transformation in archives
and libraries. 173 For example, there was no national e-lending ecosystem in Estonia prepandemic, but following its introduction by the Tallinn national library, the system had asignificant increase. 174 In Ireland a rise of 313% in new users of e-books and e-audiobooks
services has been reported. Many libraries also expanded their digital offerings and collections,provided their librarian services remotely and turned to e-lending models. 175 In the
Netherlands, 75% of public libraries expanded their digital services. 176 Some libraries, such as
the New York Public Library or Library of Alexandria in Egypt, also started running online
reading clubs or virtual events. 177 Other libraries also turned to the physical delivery of books
to mediate access to collections. 178 However, in some cases initiatives were halted by a lackof appropriate equipment, reduced funds, staff, and lack of licenses for online access.
According to the Ithaca S+R US Library Survey conducted in 2020, which interviewed morethan 1,693 library directors in North America, around 70% felt their library was well-preparedto pivot to virtual services. 179 Similarly, according to a survey conducted by Liber Europe, morethan half of surveyed libraries did not experience difficulties in providing online material due tocopyright infringement, specifically when using such materials for remote purposes. 180 Similar
messages came also from Singapore Management University Libraries, which reported thateven before the pandemic 90% of their collections were already in digital format. The libraries
170 International Federation of Library Associations and Institutions (IFLA) ‘COVID-19 and the Global LibraryField’, 2020, Available at: https://www.ifla.org/covid-19-and-the-global-library-field/.

171 International Federation of Library Associations and Institutions (IFLA) ‘Request for contributions for the

information session on the impact of the Covid-19 pandemic on the copyright ecosystem’ WIPO, 2022, Available
at: https://www.wipo.int/export/sites/www/meetings/en/docs/ifla.pdf.
172 Krag, S., et al., ‘Digitization in Libraries: To What Extent has Corona Given a Boost’ ZBW Leibniz Information
Centre for Economics, 2021, Available at: https://www.zbw-mediatalk.eu/2021/02/digitisation-in-libraries-to-whatextent-has-corona-given-a-boost/.
173 Frederick, J., ‘Academic Library Strategy and Budgeting During the COVID-19 Pandemic Results from the
Ithaka S+R US Library Survey 2020’ Ithaka S+R, 2020, Available at: https://sr.ithaka.org/publications/academiclibrary-strategy-and-budgeting-during-the-covid-19-pandemic/.
174 European Bureau of Library, Information and Documentation Associations (EBLIDA) ‘A European Library
Agenda for the post Covid-19 Age’, 2020, Available at: http://www.eblida.org/Documents/EBLIDA-Preparing-aEuropean-library-agenda-for-the-post-Covid-19-age.pdf.
175 NAPLE ‘Public Libraries in Europe and COVID-19: Findings from NAPLE Members’, 2020, Available at:https://www.culturaydeporte.gob.es/dam/jcr:fce29ea1-1b83-479b-b674-a592b255f7e4/naple-narrative-report--european-library-services-during-covid19.pdf.
176 KB National Library of the Netherlands ‘Conference of Directors of National Libraries: Survey Impact
COVID-19 Reopening the library’, 2020, Available at:https://conferenceofdirectorsofnationallibraries.files.wordpress.com/2020/07/200708-survey-impact-covid-19reopening-def-1.pdf.
177 Ibid.
178 Hinchliffe, L., and Wolff-Eisenberg, C., ‘Indications of the New Normal A (Farewell) Fall 2020 Update from theAcademic Library Response to COVID-19 Survey’ ITHAKA S+R, 2020, Available at:https://sr.ithaka.org/blog/indications-of-the-new-normal/.
179 Ibid.
180 Association of European Research Libraries (LIBER) ‘Covid-19 Survey Report: How Have Academic Libraries
Responded to the Covid-19 Crisis?’, 2020, Available at: https://libereurope.eu/wp-content/uploads/2020/12/Covid19-Report-December-2020.pdf.

Page 35
also provided courses on copyright protection to ease the use of digital materials by various
stakeholders. 181
Figure 6

The Impact of Covid-19 on Research Libraries in Europe, LIBER Survey Results

Source: LIBRE Survey Results, Available at: https://libereurope.eu/article/covid19-survey-research-libraries-europe/

This was not the case however in all libraries. Those reliant on public funding experienced
significant reductions in their budgets. For example, the EBLIDA Survey on librarylegislation and policy revealed that in 12 of 22 European countries studied, 75% to 100% of
the library's income is generated at the local level by city or regional authorities. 182 The crisis
has impacted regional budgets, and therefore, libraries may bear such consequences longterm, similarly to the financial crisis in 2008.
At the same time, some national authorities also did not hesitate to support libraries. In
Singapore, a comprehensive Government grant package estimated at S$55million was
allocated to support culture and creative sectors, including libraries. The legislator also
introduced a new copyright exemption for non-profit schools to use Internet material for
educational purposes. 183 Some EU Member States have opted to use the exception under

181 The International Federation of Library Associations and Institutions (IFLA) ‘Leaders’ Conversations: Academic

Libraries in the Post-COVID-19 World’ October 2020, Available at: https://www.ifla.org/wpcontent/uploads/2019/05/assets/asia-and-oceania/news/leaders_conversation_al_final_version_0.pdf
182 Ibid.
183 The Intellectual Property Office of Singapore (IPOS), ‘‘Request for contributions for the information session on
the impact of the Covid-19 pandemic on the copyright ecosystem’ WIPO, 2022, Available at:https://www.wipo.int/export/sites/www/meetings/en/docs/impact-cr-ecosystems-ipo-singapore.pdf

Page 36
Article 5 of the Directive on Copyright in the Digital Single Market 184 on using copyrighted
material for digital and cross-border teaching activities to provide academic libraries with animmediate legal framework for the extraordinary situation, while working on a more balanced
and permanent solution. 185 Furthermore, many states recognized the impacts on libraries incrisis by creating emergency funds. For example, in the United States of America, the $2.2
trillion Coronavirus Air, Relief, and Economic Security (CARES) Act allocated $50 million to thelibraries administered by the institute of Museum and Library Services (IMLS).
However, while the aforementioned initiatives may have been necessary to face anemergency, they also had repercussions for publishers and writers. According to theInternational Association of Scientific, Technical and Medical Publishers (STM), many authors,
researchers, publishers, and entities in the distribution chain, such as bookshops, havesuffered enormously. 186 Similarly, according to the European Writers Council (EWC), a wide
range of expanded and inexpensive licenses has firmly decreased the remuneration of writers.
It also notes that out of 20 studied countries, only ten were able to respond to the crisis of selfemployed writers and provide them with sufficient relief. The Council also notes that the
COVID-19 pandemic has led to increased digital piracy and efforts by legal institutions in the
educational and library sectors to make the work of writers and translators available online tothe public at a meagre cost. 187
According to another study conducted by American Library Resources, COVID-19 led tounderstaffed libraries unable to meet new digital demands. The reduction of the generalbudget and public health dangers limited the number of skilled employees available toaccommodate the provision of new services unaccounted for in the budgets. Furthermore, thefixed costs for libraries increased, such as scanning, shipping, delivering library material andstaff training. 188 Financial difficulties and lack of staff led to curtailing of interlibrary loans forbooks while cancelling drop-in services, and keeping books in quarantine. Additionally,
copyright licensing regimes for the use of physical materials in online environments left libraries
in an uneasy situation and the absence of license prevented them from providing digital
services in many countries. 189
In many cases the physical ownership of printed material does not authorize libraries
to use and reproduce it online. Traditionally copyright law puts more emphasis on
reproduction right protections of the copyright proprietor. 190 The dissemination of material in
the online environment involves reproducing the material, for example, when saving it on thecloud, whereas lending physical books does not imply reproduction, but rather distribution orcommunication to public, which is allowed under copyright laws. Therefore, if libraries wish to
184 Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright andrelated rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC.
185 Keller, P., ‘Hungary’s fast tracked implementation of Article 5 CDSM directive in response to the pandemic’Institute for Information and Law, 2020, Available at: http://copyrightblog.kluweriplaw.com/2020/06/23/hungarysfast-tracked-implementation-of-article-5-cdsm-directive-in-response-to-the-pandemic/.
186 International Association of Scientific, Technical and Medical Publishers (STM) ‘Request for contributions forthe information session on the impact of the Covid-19 pandemic on the copyright ecosystem’ WIPO, 2022,
Available at: https://www.wipo.int/export/sites/www/meetings/en/docs/impact-cr-ecosystems-internationalassociation-of-scientific-technical-and-medical-publishers.pdf.
187 European Writers Council (EWC) ‘Request for contributions for the information session on the impact of theCovid-19 pandemic on the copyright ecosystem’ WIPO, 2022, Available at:https://www.wipo.int/export/sites/www/meetings/en/docs/impact-cr-ecosystems-european-writers-council.pdf.
188 Machovec, G., ‘Pandemic Impacts on Library Consortia and Their Sustainability’ Journal of Library
Administration, 2020, Available at: https://www.tandfonline.com/doi/full/10.1080/01930826.2020.1760558.
189 Ibid.
190 Giuseppe Vitiello ‘The Economic Foundation of Library Copyright Strategies in Europe’ European Bureau of
Library, Information and Documentation Associations, 2021, Available at:https://liberquarterly.eu/article/view/10883/11894#infoPage 37
lend online materials this usually means that they must acquire a separate license or
authorization from the copyright owner, rather than digitize their printed copies.
Additionally, different copyright regimes also regulate the rights acquired by libraries to use eresources. When acquiring e-resources, libraries receive a license instead of ownership,with terms set by the contractual conditions in a licensing agreement. The license terms varyin different countries, for instance they may include the one-copy-one-user model, hybrid payper-loan/simultaneous-use models or different models. 191 Any further dissemination may
violate copyright owners' exclusive rights, and therefore, libraries must specifically negotiate
for additional reproduction and distribution rights, which would allow digital lending. The
conditions may restrict the number of permitted distributions and users and often the licenses
must be renewed annually.
Some libraries without online licensing arrangements were limited to provision of physicalmaterials. For example, in Germany, according to Deutscher Bibliothekverband, libraries
aimed to provide online access to their catalogues. However, they were precluded bylegislation to share their inventory outside library terminals or university networks
without additional license agreements. Firstly, according to § 60e Abs. 4 UrhG libraries may
by default make work from their holdings available only through their internal networks, andany further dissemination without license will constitute violation of copyright laws. Secondly,
the law prohibits libraries from including newspapers in digital education and their delivery
services. 192 Similarly, in South Africa 193, converting printed material to e-material without alicense violates the law, although all physical library resources are acquired and distributed
legally.
Additionally, as libraries need to negotiate additional rights, such contracts are more expensive
and time-consuming. Library consortia, which are networks of libraries either state-funded or
supported by membership fees and licensing, have a crucial role, especially in regard tonegotiating such contracts for licensing of e-resources. 194 The consortia – most of the timestate agencies or nonprofit-corporations - are dependent on public funding and the overhead
from licensing to support their activities. Therefore, the COVID-19 pandemic could haveeven more crippling consequences in the long term for library consortia. The survey
conducted by ALA in all types of libraries in May 2020 revealed that the majority of academic
libraries had already lost funding or anticipated losing financing within the next year for staff,
new hires, professional development, print collections, programs, and services. 195 In a survey
conducted by Liber Europe, one-third of respondents indicated that they expect budget cuts inthe future. 196
However, the struggle of some libraries in providing e-services must be contrasted withauthors and publishers’ perspectives. More stringent copyright protection regimes for digital
resources stem from a need to protect and incentivize the hard work and creative expressionof authors. Such regimes also allow publishers to invest in authors and serve the public interestby making literature, peer-reviewed research, and educational learning solutions available to

191 Ibid.

192 Deutscher Bibliotheksverband e.V. (dbv) ‘Request for contributions for the information session on the impact of

the Covid-19 pandemic on the copyright ecosystem’ WIPO, 2022, Available at:https://www.wipo.int/export/sites/www/meetings/en/docs/impact-cr-ecosystems-deutscher-bibliotheksverband.pdf.
193 Mukeredzi, T., ‘COVID-19 prompts calls for library-friendly copyright laws’ University World News: African
Edition, 2020, Available at: https://www.universityworldnews.com/post.php?story=2020112313502493.
194 Ibid.
195 Connell, R., et al., ‘The Impact of COVID-19 on the Use of Academic Library Resources’ Informational
Technology and Libraries, 2021, Available at: https://ejournals.bc.edu/index.php/ital/article/view/12629.
196 Ibid.

Page 38
consumers, scientists, educators, students and other readers. 197 Books and other digitalmaterial are not self-generated and their dissemination in the digital environment endangers
control over lawful use, consequently limiting artistic expression and livelihoods of authors.
Firstly, according to the WIPO global publishing industry survey among 31 countries, thepandemic led in most countries to a decline in the number of titles published compared to theprevious year. 198 Furthermore, as reported by Germany’s publishers and booksellers’association, the e-lending market grew six times faster than e-book sales, which presents anexistential problem for authors and publishers, who receive substantially lower remuneration
for lending than for sales. 199
On the positive side, there are also examples of successful initiatives which proved that
all actors in the industry - authors, translators, publishers, libraries and publicauthorities - shared the same objective of providing access to information and to thatend joined their forces to fight the pandemic. The pandemic brought the actors in theindustry closer and showed the resilience of the sector. For instance, according to an
International Federation of Reproduction Rights Organizations (IFFRO) survey more than 50%of their members cooperated with authors and publishers to expand their licenses or create
entirely new licenses to enable remote work and learning. 200 Furthermore some libraries
showed that with proactivity and preparedness from the beginning of the pandemic, the effectsof pandemic could be eased. For instance, Nazarbayev University in Kazakhstan provided
financial resources for the procurement of e-books, subscriptions to international databases
and the development of virtual services. 201
Likewise, publishers did not remain ignorant of the crisis and aimed to ease the transition todigital environments for libraries. In immediate response to the pandemic some publishers
also provided free access to peer reviewed publications and over time more than 32,000
articles, chapters and other resources have been made available for the duration of thecrisis. 202 Additionally in a response to the shutdown of libraries, according to the statement of
the International Coalition of Library Consortia on the Global COVID-19 pandemic and its
Impact on Library Services and Resources, 203 they made their copyrighted works accessible
to the public by waiving restrictions on concurrent access, allowing remote access and lifting
the paywalls to COVID-19 related content. Some publishers unlocked books regardless ofwhether the libraries held copies of their printed versions; for example, Cambridge Press
provided access to more than 700 books this way. 204 Taylor & Francis and Routledge

197 International Publishers Association ‘IPA underlines publishers’ contribution during COVID pandemic at WIPO

Copyright Committee’ 2021, Available at: https://www.internationalpublishers.org/copyright-news-blog/1109-ipaunderlines-publishers-contribution-during-covid-pandemic-at-wipo-copyright-committee#SCCR41JBENG
198 WIPO ‘World Intellectual Property Indicators 2021’ WIPO, 2021, Available at: https://tind.wipo.int/record/44461
199 Anderson ‘Germany’s First Half of 2021: Ebook Dynamics, and Libraries’, Publishin Perspectives, 2021,
Available at: https://publishingperspectives.com/2021/09/germany-first-half-in-2021-demand-for-ebooks-risescovid19/
200 International Federation of Reproduction Rights Organisations ‘IFRRO Members respond to the pandemic’2021, Available at: https://mailchi.mp/94f7c408f854/ifrro-news-covid19-1389459
201 The International Federation of Library Associations and Institutions (IFLA) ‘Leaders’ Conversations: Academic
Libraries in the Post-COVID-19 World’ October 2020, Available at: https://www.ifla.org/wpcontent/uploads/2019/05/assets/asia-and-oceania/news/leaders_conversation_al_final_version_0.pdf
202 International Association of Scientific, Technical and Medical Publishers (STM) ‘‘Request for contributions forthe information session on the impact of the Covid-19 pandemic on the copyright ecosystem’ 2022, Available at:https://www.wipo.int/export/sites/www/meetings/en/docs/impact-cr-ecosystems-international-association-ofscientific-technical-and-medical-publishers.pdf
203 International Coalition of Library Consortia ‘Statement on the Global COVID-19 Pandemic and Its Impact on
Library Services and Resources’, 2020, Available at: https://www.icolc.net/statements/statement-global-covid-19pandemic-and-its-impact-library-services-and-resources.
204 Association of American Publishers (AAP) ‘What Publishers Are Doing to Help During The Coronavirus
Pandemic’, 2020, Available at: https://publishers.org/aap-news/covid-19-response/.

Page 39announced upgrades of single-user licenses to unlimited user licenses for the duration of the
lockdown. 205
Public authorities and other stakeholders adapted similar strategies. The Japanese
government implemented the amended Japanese Copyright Act (2018) in April 2020,
introducing a compensation scheme so that teachers could use works in online lessons without
permission of copyright owners, to meet needs for remote education due to COVID-19. Thisuse was free as a special measure until March 31, 2021. 206 In other countries, such as
Australia, the Government proposed reforms to simplify and update Australia’s copyright laws
to better support and align the use of copyright material in physical and digital environments,
while copyright holders continue to be fairly remunerated for the use of their material.
In this context, it is worth noting the Australian Storytime Agreement reached between theAustralian schools’ sector and the Australian Publishers Association and Australian Society ofAuthors. This agreement, which is an industry-led solution, allows teachers to read Australianchildren’s book to students and their families in a virtual environment during the COVID-19
lockdown, either via livestreaming or making temporary recordings of the storytime available
online to view. 207 Finally, some IP Offices continued their work with members ofcommunities with disability, focusing on finalizing the amendments to the Copyright
Act to incorporate all the provisions from the Marrakesh Treaty to facilitate Access to
Published works for Persons who are Blind, Visually Impaired, or Otherwise Print Disabled. 208
However, in some countries such as South Africa and Zimbabwe 209 e-resources had some
restrictions (some could only be viewed online, could only be downloaded one page at a timeor could not be printed in hard copy, etc.), impacting particularly poor and rural areas of the
globe. To face such research issues, some libraries continued to provide online reference
services through WhatsApp, email, and website chat references services. Although the digital
environment was accelerated by the pandemic, there were also negative effects tied to it. The
eBook platform DawsonEra, with whom many Francophone publishers contracted to
exclusively host their content, went bankrupt in summer 2020, which threatened to renderinaccessible a substantial amount of its content before other platforms offered to host it.
Moreover, IFLA’s survey stressed the lack of availability of French-languages eBooks. 210
Some experts suggest that the COVID-19 pandemic will incentivize libraries to take moreproactive steps in facilitating online uses, if possible under licensing and/or exceptions in

205 Association of European Research Libraries (LIBER) ‘Research Under Pressure: Impact of Covid-19 ThroughA Librarian’s Eyes’, 2020, Available at: https://libereurope.eu/article/research-under-pressure-impact-of-covid-19through-a-librarians-eyes/.
206 Agency for Cultural Affairs, Government of Japan ‘Request for contributions for the information session on theimpact of the Covid-19 pandemic on the copyright ecosystem’ WIPO, 2022, Available at:https://www.wipo.int/export/sites/www/meetings/en/docs/agency-for-cultural-affairs-government-japan.pdf.
207 Arts COVID Recovery and Response Team, Department of Infrastructure, Transport, Regional Development
and Communications, Australian Government ‘Request for contributions for the information session on the impactof the Covid-19 pandemic on the copyright ecosystem’ WIPO, 2022, Available at:https://www.wipo.int/export/sites/www/meetings/en/docs/arts-covid-recovery-and-response-team-australiangovernment.pdf.
208 Jamaica Intellectual Property Office ‘Request for contributions for the information session on the impact of theCovid-19 pandemic on the copyright ecosystem’ WIPO, 2022, Available at:https://www.wipo.int/export/sites/www/meetings/en/docs/jamaica-intellectual-property-office.pdf.
209 EIFL.net (Electronic Information for Libraries) (WIPO material), https://www.coronatimes.net/digital-tragedyzimbabwe-pandemic/; https://www.zimlive.com/2020/05/23/students-challenge-exclusionary-universityelearning/#inbox/_blank
210 International Federation of Library Associations and Institutions (IFLA) ‘Request for contributions for the
information session on the impact of the Covid-19 pandemic on the copyright ecosystem’ WIPO, 2022, Available
at: https://www.wipo.int/export/sites/www/meetings/en/docs/ifla.pdf.

Page 40
national laws. 211 Many countries do not have such provisions or face practical inefficiencies inapplying for such exemptions in a digital environment. 212 However, there are some examplesof where this is the case. For example, in the United States, the fair use doctrine allows, undercertain circumstances, the use of copyrighted material for educational purposes. The
HathiTrust Digital Library initiated the Emergency Temporary Access Service (ETAS),
providing its institutional partners with the full text of millions of volumes, precisely under this
doctrine. ETAS enables all libraries, which suffer ’unexpected or involuntary, temporary
disruption to normal operations’, to access the service. 213 After two months of service provision,
HathiTrust reported over 2,200 unique users accessing about 3,800 unique items, reading
roughly 50 pages online. 214 While providing access, the ETAS access contains a number ofconditions in order to comply with the Fair Use doctrine in the United States, for example: 1)
service available only to Hathi Trust partner institutions and their faculty, staff, and students;
2) work to be accessed must be in member library’s collection; 3) access to work only available
to the student, staff, faculty designated by the partner institution, when logged into Hathi Trust
system. The user, when logged in to Hathi Trust system through his/her institutional library can
only read the work online, downloads not permitted. 215
Furthermore, the report on the assessment of the service suggested that there is considerable
potential for the use of University of California’s collectively held in-copyright printcollections outside of an emergency context under fair-use terms, for example, in support ofhumanities research teaching and learning activities. 216 Similarly, some experts call forinternational commitment to change to open access models, especially in educationalsettings of academic libraries, allowing dissemination of digital copyrighted material. 217 The
issue remains to find a suitable and well-balanced approach considerate of libraries,
publishers, writers and affiliated entities, with specific consideration of access to knowledge
during public health emergencies but also consideration of protection of copyrighted works.
The consequences of the COVID-19 pandemic for national and public archives weresimilar to those for libraries: due to the lockdowns and public health restrictions they
temporarily closed their physical doors and had to postpone physical events. As a study shows,as an initial response to the crisis at its commencement, several announcements were madeby leading national archival institutions in their respective countries. Although these institutions
operate in diverse contexts, all the announcements thematically converge in discussing theclosure of physical locations and spaces, as well as maintaining (reduced) services andoffering remote access. 218
On different note, the pandemic has also reiterated archives’ role in documenting, preserving,and learning from the effects of pandemic, especially in supporting efficient decision-making

211 Benson, S., ‘Fair Use During the COVID-19 Quarantine’ Scholarly Communication and Publishing, 2020,

Available at: https://www.library.illinois.edu/scp/podcast/fair-use-during-the-covid-19-quarantine/, Ibid.

212 Craig, C., ‘Copyright limits and learning: lessons from the covid-19 quarantine’ Education International, 2020,

Available at: https://www.ei-ie.org/en/item/23590:copyright-limits-and-learning-lessons-from-the-covid-19quarantine-by-carys-craig.
213 HathiTrust, ‘Emergency Temporary Access Service’, available at: https://www.hathitrust.org/ETAS-Description
214 Kathryn, S., et al., ‘UC HathiTrust ETAS Assessment - Summative Report to CoUL’ HUC HathiTrust ETAS
Liaisons group, 2021, Available at: https://escholarship.org/uc/item/8vh1k54f.
215 https://www.library.illinois.edu/scp/podcast/mike-furlough-explains-the-hathitrust-emergency-temporaryaccess-service/
216 Poole, N., ‘Copyright and enabling remote learning and research during the Covid-19 crisis’ CILIP The Library
and Information Association, 2020, Available at: https://www.cilip.org.uk/news/498055/Copyright-and-enablingremote-learning-and-research-during-the-Covid-19-crisis-.htm.
217 Ibid.
218 IFLA, ‘COVID-19 and the Global Library Field’, 2020, available at: https://www.ifla.org/covid-19-and-the-globallibrary-field/

Page 41in the future. 219 The pandemic however presented a threat to archival heritage because it madearchives more vulnerable to financial collapse, disturbed the delivery of public services andinformation legislation, and exposed to failure those archive services unable to accelerate thetransition to digital. 220 Firstly, archives reported difficulties in the collection of physicalmaterials specifically in closed physical premises during early stages of pandemic, whichhalted their archiving efforts, because they were concerned about health and safety of staff
and donors. 221
Secondly, the digital transformation has also been accelerated in archives. 222 For
instance, the Cumberland County Historical Society in Pennsylvania USA developed a digitalarchive ‘Cumberland County during COVID-19: Archiving History as it Happens’ to gather
experiences and support of local community adjusting to new ways of life. 223 According to thesurvey conducted by LIRASIS through multiple archival organizations in the US 73% of
institutions decided to collect digital materials, with the hardest challenge being theirpreservation. The statement by the International Conference of Information Commissioners
and aligned organizations reinforced that while preservation of digital materials may be at risk
due to fast emergence of information and changed ways of working in times of pandemic, theduty to document those events becomes more essential than ever. 224
Web-archiving emerged as one of the only immediate responses to preserve historical
timelines. 225 However, some archives that intended to collect pandemic-related web-content
were overwhelmed by accelerated generation of information and limited web harvesting
capacities. 226 Those challenges also incentivised them to develop collecting strategies andconsequently improve their archiving capacities. For instance, the Library of Congress initiallyfaced such challenges but, in a response, developed a project “Coronavirus Web Archive”
aiming to have a well-balanced collection of archived pandemic-related websites that will bepreserved and made accessible to users. Similarly, the National Archives in the UK noted thatwhile the pandemic changed the current context of their work, they will continue to innovate tomeet the changed demands of their audiences. 227
Various governments and institutions supported archives during the crisis through financial orinformational measures. For instance, UNESCO’s Memory of the World program developed
an initiative to support their member countries and memory institutions in securing andpreserving the records related to the pandemic. The website “Resources for Documentary
Heritage Professionals” includes an overview of good practices and resources to which

219 Jaros ‘In the Moment: Archiving Daily Life in a Pandemic’ Institute of Museum and Library Services, 2020,

Available at: https://www.imls.gov/blog/2020/05/moment-archiving-daily-life-pandemic
220 The National Archives ‘Written evidence submitted by The National Archives: Executive summary: Impact of
COVID-19 on the archive sector’ 2021, Available at: https://committees.parliament.uk/writtenevidence/7028/pdf/
221 Klettlinger, et. al ‘Collecting archival materials during the COVID-19 pandemic’, LYRASIS, 2020, Available at:https://www.lyrasis.org/programs/Documents/Pandemic-Survey-Report-2020.pdf
222 Tebeau ‘A Journal of the Plague Year: Rapid-Response Archiving Meets the Pandemic’ Arizona State
University, 2021, Available at: https://doi.org/10.1177/1550190620986550
223 Ibid.
224 International Conference of Information Commissioners and aligned organisations ‘COVID-19: The duty to
document does not cease in a crisis, it becomes more essential.’2020, Available at:https://www.ica.org/sites/default/files/covid_the_duty_to_document_is_essential.pdf
225 Library and Archives Canada ‘Documenting the COVID-19 Pandemic’ 2022, Available at: https://www.baclac.gc.ca/eng/about-us/about-collection/Pages/documenting-2020-covid-19-pandemic.aspx
226 Tucker ‘Library’s Web Archiving: COVID-19 Challenges’, The Library of Congress, 2020, Available at:https://blogs.loc.gov/loc/2020/12/librarys-web-archiving-covid-19-challenges/
227 The National Archives ‘The National Archives’ strategic response to COVID-19’ 2021, Available at:https://www.nationalarchives.gov.uk/about/our-role/plans-policies-performance-and-projects/our-plans/thenational-archives-strategic-response-to-covid-19/

Page 42archives can refer when developing their pandemic strategies. 228 Furthermore, theInternational Council on Archives developed a digital map where archives can share theircurrent projects and activities. This initiative can help archives to learn from peer practices aswell as reach the wider community of donors. 229 A number of heritage institutions in the
Netherlands are working on collecting and preserving sources related to the coronavirus. In
addition, the organizations are striving to create a “Coronavirus Collection”: the digital story of
the Coronavirus in the Netherlands at their local or regional level. The Amsterdam City
Archives, like other organizations, makes use of “hot spot lists”, lists that can be used to select
events and issues that have a major impact on society 230.
3. EDUCATION AND RESEARCH
The COVID-19 pandemic has disrupted all levels of education provision with thetemporary physical closures of schools and education institutions around the world. In
2020, it was reported that the disruption of education systems was affecting nearly 1.6 billion
students in more than 190 countries and in all continents, impacting 94% of the world’s student
population and 99% in low and lower-middle income countries. 231 Across the globe, theimmediate response to the temporary physical closure of schools was to utilize online anddistance learning. The International Association of Universities (IAU) survey data shows that
75% of higher education institutions worldwide had replaced in person teaching by remoteteaching by April 2020. 232
Although many countries utilized this shift, issues of equity, infrastructure, broadband capacity,
pupil equipment and pedagogic capacity immediately emerged as a consequence. 233 This wasparticularly evident in South America. 234 While education processes have continued
remotely, using digital or traditional means (such as TV or radio), the effects of thedigital gap have been amplified in the case of rural and lower-income populations, whichhave lower access to connectivity and lower skills to take advantage of this type oftechnology. A survey by the University of Chile showed that in comparing the results of the
respondents (teachers) who taught in a private or public school, there were more difficulties
for teachers in the latter in relation to handling software for remote learning, having access tocomputer equipment, and having a stable internet connection. 235 Despite efforts by theauthorities, the prolonged health crisis will have long-term consequences on these generationsof students. There will be delays and an increase in learning achievement gaps that will be
hard to recover in the short term. The loss of learning due to lack of attendance is estimated228 UNESCO ‘Resources for Documentary Heritage Professionals’ 2022, Available at:https://en.unesco.org/covid19/communicationinformationresponse/documentaryheritage
229 International Council on Archives ‘Archives are Accessible - Search the Map !’ 2022, Available at:https://www.ica.org/en/what-archive/archives-are-accessible-search-the-map
230 Amsterdam Stadsarchief, ‘Digitaal archief over het coronavirus’, 2022, Available at:https://www.amsterdam.nl/stadsarchief/nieuws/corona-archief/
231 UN ‘Policy Brief: Education during COVID-19 and beyond’, 2020, Available at:https://unsdg.un.org/resources/policy-brief-education-during-covid-19-and-beyond.
232 European Commission ‘The impact of COVID-19 on higher education’, 2021, Available at:https://op.europa.eu/en/publication-detail/-/publication/876ce591-87a0-11eb-ac4c-01aa75ed71a1/language-en.
233 World Bank ‘The COVID-19 Crisis Response: Supporting tertiary education for continuity, adaptation, andinnovation’, 2020, Available at: https://documents1.worldbank.org/curated/en/621991586463915490/The-COVID19-Crisis-Response-Supporting-Tertiary-Education-for-Continuity-Adaptation-and-Innovation.pdf.
234 Economic Commission for Latin America and the Caribbean (ECLAC) ‘The recovery paradox in Latin America
and the Caribbean Growth amid persisting structural problems: Inequality, poverty and low investment andproductivity’ UN, 2021, Available at: https://www.cepal.org/en/insights/challenges-and-opportunities-secondaryeducation-latin-america-and-caribbean-during-and.
235 Universidad de Chile ‘COVID-19 Nuevos Contextos, Nuevas Demandas y Experiencia Docente en Chile’,2020, Available at: http://eduinclusiva.cl/wp-content/uploads/2020/10/CIAE-COVID-VFinal-1.pdf.

Page 43
at up to a year of schooling. 236, 237 For example, the survey by the University of Chile showsthat the participation of students dropped by 14% in public schools. 238 School dropout istherefore another important consequence of the pandemic.
In facilitating the shift to online means, higher education institutions have employed
five major actions as identified by the World Bank: acting in the short term (such as using
video conferencing and creating help desks) and the medium term (strengthening national andinstitutional capacity), mobilizing widely used and readily available and scalable resources,setting up a shop or resources for students and faculty, curating existing content and gathering
feedback on its usefulness as it rolls out, and lastly, communicating with faculty and students
to provide comfort and guidance. 239 Nevertheless, the universal experience with the disruption
to higher education and shift to purely online methods has exposed a number of significant
short and long term challenges for educational institutions. These include diminishedresources for institutions, personal and academic challenges for both institutions and students,
demand for improved infrastructure to support distance and hybrid learning models, increased
inequity/inequality in access and retention to education, loss of research, including researchcollaborations across institutions, borders, and disciplines, and much more. 240
As countries began to see lower amounts of new COVID-19 cases among their population,
many governments began to loosen restrictions and re-open schools. In these cases, countries
have opened up schools and colleges, only to close them again after a resurgence of the virus.
Such successive closures and re-openings are likely to continue as the virus continues tocirculate. Some countries seem to be employing a hybrid or mixed model of education
provision, while other countries are significantly reducing class sizes or providing lessons
outside. 241
In relation to the challenges the COVID-19 pandemic posed for the copyright framework,
though the crisis has aggravated these challenges, it is worth noting that this is part of alongstanding debate especially in education. 242 Copyright plays an integral role in education,
as it exists in textbooks, library collections, scholarly articles, online lectures, presentations,and research databases.
One of the main challenges is the difference in use of copyright protected material in
online and offline teaching settings. E-resources usually contain a publisher license thatsets out how the content should be used and may restrict remote access and online use.
Teachers and students may incur risks when sharing materials without the right holder’sauthorization of a particular source, more specifically, teachers who share materials withstudents are more likely to infringe on rights holders’ exclusive right to reproduce and the rightto communicate their work to the public. 243 While copying protected material for educational

236 Ibid.
237 Ibid.

238 Universidad de Chile ‘COVID-19 Nuevos Contextos, Nuevas Demandas y Experiencia Docente en Chile’,2020, Available at: http://eduinclusiva.cl/wp-content/uploads/2020/10/CIAE-COVID-VFinal-1.pdf.
239 World Bank ‘The COVID-19 Crisis Response: Supporting tertiary education for continuity, adaptation, andinnovation’, 2020, Available at: https://documents1.worldbank.org/curated/en/621991586463915490/The-COVID19-Crisis-Response-Supporting-Tertiary-Education-for-Continuity-Adaptation-and-Innovation.pdf.
240 Ibid.
241 UN ‘Policy Brief: Education during COVID-19 and beyond’, 2020, Available at:https://unsdg.un.org/resources/policy-brief-education-during-covid-19-and-beyond.
242 Hudson, E., and Wragg, P., Proposals for copyright law and education during the COVID-19 pandemic' NILQ,
2020, Available at: https://nilq.qub.ac.uk/index.php/nilq/article/view/917/746.
243 Pascault, L., et al., ‘Copyright and Remote Teaching in the Time of Covid-19: A Study of Contractual Terms
and Conditions of Selected Online Services European’ Intellectual Property Review, 2020, Available at:Page 44
purposes is not a new phenomenon, the sudden shift in reliance on digital copies due to thepandemic has intensified the need for access to new levels and escalated the urgency of
ensuring affordable access to educational resources. 244 In Canada for example, the CopyrightAct contains exceptions for reading in public, for education and training (including lessons
communicated online), and a defense for the purposes of education or private study. 245
With the increased reliance on digital counterparts, another significant challenge faced byeducational institutions when entering into digital licensing agreements is that if suchlicensing is either unavailable or prohibitively expensive, then access and use ofmaterials is simply not possible. 246 EIFL argues that in the United Kingdom for example,
only 10% of academic titles are available in electronic format, not to mention there are
restrictions on printing and downloading resources as well. 247 Also in the United Kingdom,
many educational institutions have obtained license from right owners. The United Kingdom
Copyright Licensing Agency provides an Education Platform that has over 5,000 teachers
registered and 2,730 schools with registered users. In terms of higher education, CLA alsooffers the Digital Content Store with 124 Institutions currently using the system representing
62% of full-time equivalent higher education students in the United Kingdom. 248
In response, to enable teaching activities to continue during physical school closures, many
publishers provided access to content for existing customers (such as textbooks) andprovided COVID-19 related content to be openly available. This access offered bypublishers is temporary, depending either on certain dates of expiry, end of semesters, or when
the COVID-19 pandemic ends. Academic libraries also attempted to lift licensing restrictions.
For example, in March 2020, the International Coalition of Library Consortia (ICLC) requested
vendors to lift many licensing restrictions for students affected by school and library shutdowns.
Yet, despite the increased access to online collections as a result, library resource use wasstill disrupted, as many students and faculties still use printed material. 249 Some universities
have conducted rapid measures to support the necessary move to online learning and accessof printed material, particularly by implementing reading lists. Namely, the Libraries andCultural Resources at the University of Calgary implemented the Ex Libris’ reading list solution,
Leganto, which gave the university much needed support in online teaching and learning. 250
The Leganto reading list allows libraries to streamline access to course materials, whilst
reducing their cost to students, by making use of library collections, librarian’s expertise andlibrary services. Moreover, instructors can build lists of resources that include all material types
and students can access all course materials in one place from any device. 251

https://www.researchgate.net/publication/342961277_Copyright_and_Remote_Teaching_in_the_Time_of_Covid19_A_Study_of_Contractual_Terms_and_Conditions_of_Selected_Online_Services.
244 Craig, C., ‘Copyright limits and learning: lessons from the covid-19 quarantine’ Education International, 2020,
Available at: https://www.ei-ie.org/en/item/23590:copyright-limits-and-learning-lessons-from-the-covid-19quarantine-by-carys-craig.
245 Craig, C., ‘Copyright limits and learning: lessons from the covid-19 quarantine’ Education International, 2020,
Available at: https://www.ei-ie.org/en/item/23590:copyright-limits-and-learning-lessons-from-the-covid-19quarantine-by-carys-craig.
246 Craig, C., ‘“An Hundred Stories in Ten Days”: COVID-19 Lessons for Culture, Learning, and Copyright Law’
Osgoode Hall Law School of York University, 2021, Available at:https://digitalcommons.osgoode.yorku.ca/cgi/viewcontent.cgi?article=3600&context=ohlj.
247 Hackett, T., ‘Covid lessons - copyright and online learning’ EIFL, 2020, Available at:https://www.eifl.net/blogs/covid-lessons-copyright-and-online-learning.
248 Briefing Pack How CLA Supports the UK Education Sector, Copyright Licensing Agency, May 2020
249 https://ejournals.bc.edu/index.php/ital/article/view/12629/10383
250 https://ejournals.bc.edu/index.php/ital/article/view/13209/10493
251 https://exlibrisgroup.com/products/leganto-reading-list-management-system/

Page 45
The impact of COVID-19 on the research sector has resulted in both short- and longterm consequences. Most academic, industry, and governmental basic sciences and clinicalresearch was either cut back or redirected to research on COVID-19. 252 Many clinical trials
were halted, except those testing life-saving therapies, and ongoing trials shifted to enablevirtual monitoring to minimize contact between people. The suspension of research activities
has caused further reduction in the recruitment of research subjects and a delay in data entry
into clinical trial databases, and research staff hiring has been suspended due to travel andfunding restrictions. 253 Access to research information has also been hampered, with the
reduced access to libraries and few resources having digital versions. While the discussion
about open access has certainly been revived by the crisis, the adoption of this model would
require investment in supporting the digital infrastructure to make this data
accessible/downloadable, and consideration to business models. 254 Nevertheless, throughout
the pandemic, publishers have reacted strongly in allowing open access journals andsupporting both researchers and the public. For example, the International Association of
Scientific, Technical and Medical Publishers (STM) has worked together with its members andother publishers to provide free access to relevant peer reviewed publications, to ensure thatthroughout the pandemic research and data quickly reaches the widest possible audience. 255
Furthermore, in response to the pandemic, SAGE Publishing supported teachers, librarians
and researchers by offering free access to eTextbooks, courseware, and a range of articles
and resources on online teaching, offering complimentary, 90-day access to librarians
interested in providing SAGE Video, SAGE Research Methods Video, and SAGE Knowledge
Books and Reference to their faculty and students, and removing the subscription gateway toarticles related to COVID-19 and its impact. 256
Due to the pandemic and the reliance on electronic material, some stakeholders called for
new approaches on the legal framework in delivering education and science. For
example, the Association of Research Libraries (ARL) in Europe called upon the European
Commission and EU Member States to issue urgent guidance to ensure that educational
institutions, researchers, and libraries are able to fulfil their obligations without the fear of
litigation, emphasizing the need for the public interest during crises such as COVID-19. 257
While publishers have waived fees to certain publications as a response to the COVID-19,
open access models have been promoted long before the start of the pandemic, especially in
the Global South. For example, Diamond Scientific Publishing is a publisher of peer reviewed
and fully open access journals for the public, using the diamond open access model. According
to them, following the guidelines under the liberal copyright license, the open access model
would eliminate barriers and permit researchers to make use of digital resources in innovativemeans, such as including practices like meta-analysis and text mining. 258 In 2021, around
29,000 scientific journals relied on diamond open access, and they make up for 73% of the
252 Weiner, D., et al., ‘COVID-19 impact on research, lessons learned from COVID-19 research, implications forpediatric research’ Pediatric Research, 2020, Available at: https://www.nature.com/articles/s41390-020-1006-3.

253 Harper, L., et al., ‘The impact of COVID-19 on research’ Journal of Pediatric Urology, 2020, Available at:https://www.jpurol.com/article/S1477-5131(20)30412-5/fulltext.
254 Fosci, M., et al., ‘Emerging from uncertainty: International perspectives on the impact of COVID-19 on
university research’ Springer Nature, 2020, Available at:https://figshare.com/articles/online_resource/Emerging_from_uncertainty_International_perspectives_on_the_imp
act_of_COVID-19_on_university_research/13130063.
255 International Association of Scientific, Technical and Medical Publishers (STM) ‘Request for contributions forthe information session on the impact of the Covid-19 pandemic on the copyright ecosystem’ WIPO, 2022,
Available at: https://www.wipo.int/export/sites/www/meetings/en/docs/impact-cr-ecosystems-internationalassociation-of-scientific-technical-and-medical-publishers.pdf.
256 Association of American Publishers ‘What Publishers Are Doing To Help During The Coronavirus Pandemic’,2020, Available at: https://publishers.org/aap-news/covid-19-response/.
257 Hackett, T., ‘Covid lessons - copyright and online learning’ EIFL, 2020, Available at:https://www.eifl.net/blogs/covid-lessons-copyright-and-online-learning.
258 Diamond Scientific Publishing ‘About Diamond Open’, 2022, Available at:https://www.diamondopen.com/about/.

Page 46
journals registered in the Directory of Open Access Journals. 259 The Scientific Electronic
Library Online (SciELO) and Redalyc are other databases utilizing open access, firstestablished in 1997 and 2002 in Latin America respectively. In 2021, Africa and Latin America
had agreed to closer collaboration around open science. 260 As most major and largecommercial publishers are based in North America and Western Europe, there is a dominanceof using article processing charge (APC) based journals rather than open access models. 261
Due to the direct impacts of COVID-19 however, there seems to be a move to the open accessdirection, as seen by the European Commission’s promotion of the “Share Research
Knowledge System” by 2030 to curb the pandemic and open up science and knowledge. 262
Additionally in Australia, the issue of open access is expected to be placed on the national
agenda. 263
Springer Nature proposes several ideas to support access to academic researchmaterials, emphasizing open access and open science for research. 264 It proposes thatstakeholders should look at the transition from subscriptions to pay-to-publish, as libraries face
several budget implications of their subscription agreements. This would guarantee open
access to scholarly communication without compromising the quality of such publications.
Higher education is already facing intense scrutiny over a myriad of issues, such as rising costs
for students, skill gaps for graduates and post-graduation unemployment rates. Moreover, withthe challenges faced due to COVID-19, online learning and teaching platforms were prompting
students to reconsider what defines a degree. With the reassessment of academic models
due to the pandemic, higher education institutions now have the opportunity to
implement structural changes to address several issues seen before and after the riseof COVID-19. For example, educational institutions can employ online learning platforms toprovide students with a personal learning cloud, which can deliver the equivalent of many on
campus bachelor’s and master’s degrees at lower costs. Educational institutes have further
incentive to make use of these personal learning clouds with hybrid or online study models,facilitating access to a wider array of students around the world. 265 Moreover, some experts
have challenged the model of competition between universities, stating that as centers of
research and learning, higher education institutions need to be better at collaborating with one
another and must let go of the competitive behavior that has created disparities between higher
education around the world. As a result of the pandemic, they recommend that global
cooperation in higher education and research should be the norm with the move to online
digital learning, as well as enhanced networks for higher education in the Global South tofacilitate local knowledge to train people with globally relevant, research-based education. 266

259 Ibid.

260 Africa Connect 3 ‘Africa and Latin America agree to closer collaboration around open science’, 2021, Available

at: https://africaconnect3.net/africa-and-latin-america-agree-to-closer-collaboration-around-open-science/.
261 Jeroen, B., et al., ‘OA Diamond Journals Study. Part 1: Findings’ cOAlition S, 2021, Available at:https://zenodo.org/record/4558704#.YmEOri8RppQ.
262 Chandola, B., ‘Copyright in educational material: Lessons from COVID-19’ Observer Research Foundation,
2022, Available at: https://www.orfonline.org/expert-speak/copyright-in-educational-material/.
263 Ibid.
264 Springer Nature, ‘Continuing the open access transition in 2021 and beyond’, 2021, available at:https://www.springernature.com/gp/advancing-discovery/springboard/blog/blogposts-open-research/continuingthe-open-access-transition/19045440
265 Moldoveanu, M., ‘How Our Response to COVID-19 Will Remake Higher Ed’ Harvard Business Publishing
Education, 2020, Available at: https://hbsp.harvard.edu/inspiring-minds/how-our-response-to-covid-19-willremake-higher-ed.
266 Buitendijk, S., et al., 'COVID-19: an opportunity to rethink global cooperation in higher education and research'
BMJ Global Health, 2020, Available at: https://gh.bmj.com/content/5/7/e002790.

Page 47

PART III:CONCLUSIONS
Within every crisis, there is opportunity. The COVID-19 pandemic has been a catalyst for
many changes around the world, both positive and challenging, but the survival ofinstitutions will depend on how they can weather this emergency situation. All countries aroundthe world took whole-of-economy measures, and specifically focused on cultural and creative
sectors to support creators, institutions and in some cases audience as well. The COVID-19
pandemic is likely to have profound and lasting structural effects on how culture is
produced and enjoyed as well as how education and research are undertaken.
The analysis of reports produced by national and international organizations, academic
articles, books and newspaper articles as well as exchanges with experts, clearly
demonstrated that the COVID-19 pandemic has had a profound effect on cultural and creative
industries worldwide. However, the current crisis has revealed a serious lack of consistentand equal response capacity across the sectors in both developing and developed
countries.
To survive in this difficult environment, stakeholders needed to react rapidly and develop
new, more resilient ways of functioning. The rapid implementation of digital tools in theirfunctioning during the COVID-19 pandemic (on-line tours, exhibitions for museums, etc.)
enabled some institutions to partially overcome the closed doors. The switch to the online
context was easier for some organizations due to the nature of their activity and the presenceof investments to accomplish the digital shift or by the fact that the digital shift was already partof their program of development, therefore the pandemic just accelerated its implementation.
For example, digital technologies allowed museums to explore new ways of involving
visitors by increasing their social media activity and providing online access options to attend
the museum, as well as online tours.
Small and medium scale institutions and businesses were struggling to adapt in thisemergency situation, and they needed aid to develop the necessary skills and resources toface the challenging context and satisfy the new needs. Without adequate financial relief
measures, the COVID-19 will still have major repercussions, where applicable, in terms of
reduced operational capacity, affecting opening hours, exhibitions and public programs. This
will have further negative consequences on business models, the future of creative industries
and the access to culture, depletion of cultural opportunities and, ultimately, the well-being of
the communities these institutions serve.
As discussed in Part I, the flexibility, the adaptability combined with the digital capabilities ofcreative organizations were fundamental components of resilience strategies for the COVID19 pandemic.
As discussed in Part II, closed premises during the pandemic and the process of significantly
expanding their e-catalogue have introduced financial difficulties for libraries that got
only amplified by regional budget cuts leaving libraries vulnerable to the consequences of thepandemic long-term. This is not only a problem of libraries but also of the society with capacity
building and innovative efforts halted.
Gradually, disruption evolved into resilience, adaptation and renewal in some creative
industries, educational, research and cultural heritage institutions worldwide. From theuser perspective, there is evidence of the need to equalize the access to internet and relevantPage 48
infrastructures to make possible that all users may have access to the online resources
displayed by museums, libraries, archives, and educational and research organizations.
IT has significantly impacted educational, research and cultural heritage institutions,from the nature of work to the ways of delivering content during the pandemic. The pandemic
obliged museums, archives and libraries to reorganize their interactions with their customers
in a more dynamic way in order to fulfill their mission in these unstable and uncertain times.
Our review demonstrated that organizations that showed adaptability, adopted a flexible
approach and boosted their digital capabilities to create new opportunities for growth.
Despite the evidence of adaptability in some institutions and sectors, other organizations did
not have sufficient resilience to adjust quickly in the COVID-19 pandemic. Some
organizations suffered more than others. This was specifically true for sectors that could not
fully exploit the digital technologies (low level of technology maturity or limited resources
available to invest in the digital turn) and lack of infrastructure available for online delivery of
their products.
The online environment has gained importance for cultural and creative industries as awhole. Online streaming became the central way for creative industries, cultural,
education and research institutions, such as for music industries. The performance of virtual
events has been demonstrated to be an alternative way of entertainment and revenue
generation.
Similarly, for cultural heritage, education and research institutions digital became central. For
example, the performance of virtual events has been demonstrated to be an alternative way
to attend museums and generate revenues as well. For all those fields, there is the need topoint out that this alternative is not sustainable in the medium and long term.
Governments and other organizations have adopted recovery measures (tax measures,
employment-related measures, stimulus measures, job retention schemes, self-employment
income support schemes) intended to mitigate the impact of the COVID-19 pandemic.
However, not all these measures were effective for some types of these organization and thepeople they serve.
Governments and other organizations have adopted recovery measures (tax measures,
employment-related measures, and stimulus measures, approach was offer job
retention schemes, self-employment income support schemes) intended to mitigate theimpact of the COVID-19 pandemic in different countries. However, these industries are
extremely fragmented, including different typologies of creative workers such as freelancers,
self-employed, temporary and part-time workers whose status make them eligible for only
some governmental support packages.
The pandemic provided several lessons for decision-makers on how to make theanalyzed institutions more sustainable and resilient, including the importance of adapting
to highly volatile financial conditions, digital technology adoption strategies, and thedigital maturity of organizations, which provided a competitive advantage in dealing
with the pandemic. The ongoing relationship between digital technologies and organizational
capabilities in these organizations will continue to be crucial after the COVID-19 pandemic.
More attention should be paid to developing e-resources that should respect copyrightas a whole, including facilitating uses through licensing, of material in educational andresearch settings. This could limit piracy damages in crisis times and support the developmentof local industries while paying attention to creators.

Page 49
The COVID-19 pandemic raised the need for the provision of clarity to institutions andorganizations regarding the copyright implications of moving towards a digital world,
and to evaluate appropriate means and innovative ways to make digital uses easier. This
would ensure the system is able to keep up with social changes as seen from the pandemic,
as well as emerging technological developments.
[Appendix 1 follows]Appendix 1: List of Experts Consulted
Page 50APPENDIX 1:
LIST OF EXPERTS CONSULTED 267
GEOGRAPHICAL
AREA

NAME

Belgium

GIANNA LIA COGLIANDROENCATC Segretary General

Bulgaria/

LIDIA VARBAONA

CanadaProf. Dr.
National Academy of theatre and film, KR. Sarafov

China

YI LIN, PhD
Professor at the School of Arts at Peking University, Peckin University
Director of the National Centre for Research into Intercultural Communication of Arts
Executive President of China Arts Administration Education Association President of International
Arts Education Committee of China Education Association for International Exchange

Colombia

JAIME RUIZ-GUTIERREZ, PhD
Associate Professor
Gestión de Arte y Cultura. Arts Management
Facultad de Administración | Universidad de los Andes, Bogota

Croatia

ALEKSANDRA UZELAC, Ph.D.
Head, Culture and Communication Department
IRMO - Institute for Development and International Relations

Finland

MARIA BÄCK, PhD
Degree Program Director – Cultural Management, Institutionen för kultur och media | Department
of Culture and Media Yrkeshögskolan ARCADA | ARCADA University of Applied Sciences

Germany

ELMAR KONRAD, PhD
Full professor University of Applied Sciences Mainz

GreeceVASILIS AVDIKOS, PhD
Assistant Professor
Department of Economic and Regional Development
Panteion University of Social and Political Sciences
Athens- Greece

Georgia

Levan KHARATISHVILI, PhD
Deputy Minister, Ministry of education, science, culture and sport of Georgia

IsraelTAL FEDER, PhD
Lecturer and Head of international relations at Sapir College

Kenya /

MUTUMA MARANGU

Nigeria

Collector and CEO of Mutuma Marangu Sculpture and Art Collection

Kenya /ROY GITAHI

Ghana

CEO of Art@Work

Kenya

ANDREW NGURUMI
WN & Co. Advocates (Waithumbi Ngurumi & Co. Advocates), IPR

Lithuania

ELONA BAJORINIENE, prof.
Dean of Theatre and Film Faculty
Lithuanian Academy of Music and Theatre, Vilnius

NorwayFEDERICA DE MOLLI, PhD
Associate Professor
BI Norwegian Business School

PolandDOROTA ILCZUK, PhD
Professor SWPS University of Social Sciences and Humanities Warszawa
Head of Creative Economy Research Center

RussiaEKATERINA SHEKOVA, PhD
Associate Professor in Economics at the St. Petersburg State University of Film and Television

267

The experts often researched territories beyond their national country.

Appendix 1: List of Experts Consulted
Page 51
Slovenia

ANDREJ SRAKAR, PhD
Institute for Economic Research (IER), Ljubljana and School of Economics and Business,
University of Ljubljana

South Africa

JEN SNOWBALL, PhD
Professor of Economics at Rhodes University
Chief Research Strategist at the South African Cultural Observatory (SACO)
PHILIPPA DUNCAN
Independent Art Consultant and Advisor

Spain

JUAN PRIETO ROGRIDUEZ, PhD
Full professor of Economics
Oviedo University
MARTA CRISPÍ, PhD
Professora del Grau d'Humanitats
Universitat Internacional de Catalunya
Facultat d'Humanitats

UAE

JORGE EDUARDO PINTO
Acting Culture Planning & Development Department Director
Culture Planning & Development Department, Ministry

USA

NEVILLE VAKHARIA , PhD
Associate Dean for Research and Planning; Associate Professor, Arts Administration & Museum
Leadership
Drexel University, Philadelphia[Appendix 2 follows]Appendix 2: Case Studies
Page 52
APPENDIX 2:CASE STUDIESPART I
SENEGAL – SODAV’S TWO-STEP RESILIENCE PLAN
Sector: Music
https://www.dakaractu.com/Coronavirus-La-Sodav-annonce-un-fonds-de-120-603-932-FCfa-pour-le-monde-de-la-culture_a187863.html
The Senegalese Copyright and Related Rights Office (a multidisciplinary society managing all
copyright and neighboring rights in Senegal) played a leading role in supporting Senegalesecreators during the pandemic. In response to the crisis caused by the pandemic to the creativeand cultural sector, SODAV has set up a two-step resilience plan. In the first phase, SODAV
has allocated CFA francs 120 million from its reserves to support creators – CFA francs 70
million from that amount was distributed as social funding to 2,600 beneficiaries. Each of thesebeneficiaries has received 30 000 CFA francs and a 30% advance on the lesser of their last
three distributions. In the second phase, SODAV made an advance on distribution of CFA
francs 98 million to its members – CFA francs 70 million being allocated to music rights and
CFA francs 31 million to digital rights. SODAV was also involved in a third phase that was
supported by the state, the state making available CFA francs 1 billion to SODAV to distributeequally to all its members.
The funding from SODAV provided a greatly needed financial support to the sector and its
participants in the absence of a governmental financial aid. The Office has proved to thecreators that they are there for them in the times of need, sending a strong message ofsolidarity and further strengthening the relationships between them.
UNITED ARAB EMIRATES – NOT CANCELLED DUBAI
Sector: Visual arts
https://artasiapacific.com/news/virtual-platform-launched-in-dubai-promises-art-is-notcancelled
In line with the worldwide increase of digital initiatives during the pandemic, a group of art
galleries in Dubai (Carbon 12, Green Art, Grey Noise, IVDE, Lawrie Shabibi and The Third
Line) joined forces for “Not Cancelled Dubai” - a weeklong virtual event showcasing artworks
for sale alongside scheduled program of talks and tours, in an attempt to survive the pandemic
together. This event was a local version of a concept initiated by the Treat Agency in Vienna
to aid the local art community. Other than Dubai and Vienna, “Not Cancelled” events rolled out
in Berlin, Paris, Warsaw and in some regions of the US including Chicago.
The initiative supports local art communities and encourages cooperation and unity in fighting
the pandemic together. For Dubai galleries this was not their first common project proving thecollaboration continuous and beneficial.
ARGENTINA – CULTURA EN CASE
Sector: CCS in general
https://vivamoscultura.buenosaires.gob.ar/
The city of Buenos Aires has utilized digital tools to fight the pandemic in its own unique way.
Launching an online platform “Culture at Home”, the city has created a single location at which
inhabitants can access all the city’s cultural offerings. Together with the promotion of creative
industries, the initiative aims to keep the culture present and maintain a shared sense of social
cohesion during the pandemic. The platform includes varied content from theaters, museums,

Appendix 2: Case Studies
Page 53
musicians, local artists and other cultural institutions and is being updated daily. In
collaboration with Mexico, similar initiative has been launched in Mexico City – this partnershipallowing for wide access to diverse artistic expressions for and from both cities.
This initiative facilitates access to arts and culture during the pandemic in an innovative way,
ensures their continuation and maintains a feeling of social cohesion for the people – all ofwhich is beneficial for the sector and for the public’s wellbeing alike. It has also successfully
extended its reach to people in a different country even strengthening the feeling of connection
through culture.
SLOVENIA – THE ACT ON INTERVENTION MEASURES TO CONTAIN THE COVID-19
EPIDEMIC AND MITIGATE ITS CONSEQUENCES FOR CITIZENS AND THE ECONOMY
Sector: Audiovisual
https://www.wipo.int/export/sites/www/meetings/en/docs/ministry-of_economic-developmentand-technology-slovenian-intellectual-property-office.pdf
Slovenian Ministry of Economic Development and Technology has implemented a temporary
tax and social and economic measures shortly after the pandemic outbreak to support
organizations and individuals in cultural and creative sectors. Such efforts were specificallytargeted at self-employed in the audiovisual sector, type of employment hardest hit by the
pandemic due to the lack of social security coverage. Among others, these individuals havereceived financial assistance (payment of basic monthly income of €350 for March and of €700
for April and May both), an exemption from social security contributions in April and May 2020,
an exemption from health and pension insurance contributions, advanced payments ofpersonal income tax, a right to have their social contributions temporarily covered by the state
or a reimbursement of wages to workers, who are temporarily unable to provide work.
Slovenian measures successfully targeted the cultural and creative workers in the mostvulnerable positions. This is quite the unique approach in comparison to the measures taken
by other countries and could lead by example.
THE REPUBLIC OF KOREA – THE MOVIE THEATHER RELIEF INITIATIVE
Sector: Audiovisual
https://www.hollywoodreporter.com/business/business-news/south-korea-unveilscoronavirus-support-film-industry-1288148/
The South Korean policy plan designed to boost the film industry in times of the pandemic
centers around a governmental decision to exempt major cinema chains from having to pay
the 3% of all ticket sales contribution to the Korean Film Council’s movie development fund as
required by local law. The exemption was applied retroactively from February 2020. Thanks tothis measure, the movie theaters were able to recoup some funds that were lost due tocancelled shoots or delayed releases. In additional support the government also introduced
some measures to support the production and distribution within the film industry. For instance,
it has decided to subsidize a portion of marketing costs for 20 selected movies which releaseplans had to be postponed or cancelled at the beginning of the pandemic. The production
companies of the same 20 movies have received funds to help them resume production. In
terms of individual help within the sector, the government has offered free vocational training
for professionals who lost their jobs or have not been able to find a freelance gig.
The South Korean government realized the importance of the film industry for the country’s
economy and adopted specific policy addressing the struggling sector. Movie theaters’revenues being estimated to have dropped by 88% during the pandemic, the initiative helped
exhibitors to recoup lost revenues and continue in their activities.

Appendix 2: Case Studies
Page 54

PART II
AUSTRALIA – THE STORYTIME ARRANGEMENT
Sector: Libraries
https://www.asla.org.au/resources/Documents/Website%20Documents/Resources/Resource%20Library/Permissions%20from%20publishers%20update%209%20april.pdf
During the pandemic, the Australian Publishers Association, the Australian Society of Authors
and the National Copyright Unit facilitated a temporary policy allowing for teachers fromprimary and secondary schools to read stories to students in a virtual classroom environment
without a specific permission or payment to the authors of the stories (as would otherwise berequired under the copyright regime). This adjustment of the regime allows for live streamedor recorded story time, provided the access is limited to students and their families, therecording is view only and deleted 12 months after being made, and the access to the recording
is disabled as soon as the school resumes normal teaching practices. Teachers are also
required to provide bibliographic details of the book at the beginning of any recorded story
time.
This arrangement enables the educational institutions to continue sharing stories with theirstudents regardless of whether they are learning on the school premises or from home and inthat way continue their important educational activities in national literature. At the same time,it ensures the IPR of the authors are not circumvented more than absolutely necessary andmakes sure credit is provided to the authors, somewhat successfully balancing out theinterests of the pupils and the writers both.
INDIA – PM E-VIDYASector: Education (Publishing)https://pmevidya.education.gov.in/
To mitigate the impact of the pandemic, the Ministry of Human Resources and Development
launched a comprehensive digital campaign aimed at bringing together all online, digital andon-air education to enable multi-mode access to education. Under the umbrella initiative, there
are multiple projects/platforms/applications available addressing the key features of theeducational sector. Diksha is a repository of over 80 000 different resources (available in 18
languages) targeting different grades, curricula and subjects, including textbooks, a massive
open online course and content for student assessment and teacher development. Swayam
Prahba provides content through 32 channels (one channel per grade from standard 1 tostandard 12) via direct to home services. These two platforms reliant on internet access arefurther accompanied by extensive use of radio for educational activities.
This initiative ensures access to education from home during the pandemic, considering thechildren from less developed and rural regions too. The importance of education is taken
seriously by the Indian government with extremely broad coverage of resources provided andas many pupils as possible targeted, making the measure desirably inclusive andcomprehensive in nature.

Appendix 2: Case Studies
Page 55

UNITED STATES – HUB FOR EDUCATORS
Sector: Education/Research/Publishinghttps://www.copyright.com/learning-at-home-resources/
The Copyright Clearance Centre (CCC) published a resource page to accelerate sharing of
knowledge and ease online learning. The page amplifies the good work of publishers in making
educational resources open for educational institutions during the pandemic.
This initiative provides for a long list of educational resources in one place, making it
substantially easier for a pupil/pupil’s parent to find the educational material they need without
having to search the entire internet.
UNITED STATES – EDUCATION CONTINUITY LICENSE
Sector: Education/Research/Publishinghttps://www.copyright.com/blog/ccc-launches-educational-continuity-license/
The CCC has responded to urgent requests from teachers and school administrators about
the use of copyrighted materials in distance learning by coordinating efforts with publishers
and rightsholders to provide an authorization for US educators to address this need. These
efforts resulted in the Education Continuity License, which authorized educators in the US touse publishers’ materials in distance learning at no cost during the pandemic. Educators canlook up participating publishers on CCC’s website and indicate their intent to use theirmaterials.
This initiative responds efficiently and collaboratively to an urgent need of educators foraccessible online resources to maintain the quality of teaching in the online environment.
UNITED STATES – ANNUAL COPYRIGHT LICENSE FOR CURRICULUM AND
INSTRUCTION
Sector: Education/Research/Publishinghttps://www.copyright.com/annual-copyright-license-for-curriculum-instruction
This license launched by the CCC in July 2021 responds to the need for flexible licenses for inperson, remote and hybrid learning by easing the burden of obtaining one-off permissions. The
license provides both print and digital rights that enable the reuse and distribution of excerptsof published publications in curricula, educational technology applications and online platforms
with just one single license.
This initiative facilitates easier and faster systems for inclusion of high-quality content within
curricula and instructional materials to meet the needs of the students and expectations of theparents.
ITALY – WUNDERBO
Sector: Museums
https://www.wunderbo.it/
The municipality of Bologna in collaboration with a group of Bologna’s museums have createda video game (co-financed by the European Commission’s Horizon 2020) to encourage
audiences to explore Bologna’s cultural heritage in an innovative and creative way. On theirjourney to create a cabinet of wonders, the players are guided by three well-known historicalpersonalities from Bologna through the Medieval Museum and the Museum of Palazzo Poggi,
discovering contents of the game with augmented reality. Single player in nature, users canconnect with other players and share their progress on social media ultimately becoming
promoters of the cultural heritage of Bologna themselves.

Appendix 2: Case Studies
Page 56
Through this interactive and playful initiative, the city of Bologna promotes its cultural heritage
and facilitates higher public engagement with it. In the times of pandemic, this is a brilliant way
of connecting people to the culture of the city and to one another while adhering to the social
distancing and isolation measures in place.
ARAB GULF STATES – THE KHALEEJI ART MUSEUM
Sector: Museums
https://khaleejiartmuseum.com/
This digital museum experience launched by Emirati sisters Manar and Sharifah Alhinai
introduces visitors from all around the world to local artists, particularly focusing on female
artists. The museum is fully managed by an Arab female team to increase participation of
women in the arts in the region. It is entirely digital with no physical location. Due to its virtual
nature, it was set up swiftly, responding to the pressing needs of presenting local art andextending engagement with the works to a global, rather than just regional, audience.
This initiative allows the whole world to get acquainted with the underrepresented work ofartists of the Arab Gulf States, offering the artists space for their artistic realizations without
limitations despite the pandemic.
TANZANIA – EDUCATION SECTOR COVID-19 RESPONSE AND RECOVERY PLAN
Sector: Education/Publishinghttps://reliefweb.int/sites/reliefweb.int/files/resources/The%20Impact%20of%20COVID19_UPDF.pdf
The plan developed by the Tanzanian government serves the purpose of ensuring thecontinuation of provision of educational activities to students, so they continue learning during
the pandemic. The plan was implemented with the help of the Tanzania Institute of Education(TIE), which has been broadcasting lessons on TV, radio and online. In addition to theselessons, the TIE has also provided schools with access to its digital library and fast-tracked
approval for existing online learning sites from community partners. The government has
mobilized a range of actors – from development partners to private sector – to design content
and air it on different platforms. Several development partners have provided financial or
technical support to TIE and the support from the private sector came from TV stations, mobile
companies and the National Bank of Commerce.
The Tanzanian government ensured the continuity of education during the pandemic in an
innovative and creative way utilizing the tools and capacities that were accessible. Engaging
different stakeholders and partners, this initiative can serve as a great example of successful
multistakeholder cooperation for a common goal, efficiently providing students with continued
education despite limited available resources.

Appendix 2: Case Studies
Page 57
NORWAY – THE NATIONAL LIBRARY DIGITAL CRISIS PACKAGE
Sector: Libraries
https://www.nb.no/artikler/krisepakke-fra-regjeringen-og-nasjonalbiblioteket-for-a-styrker-detdigitale-bibliotektilbudet/
The Digital Crisis Package is a reaction of the Norwegian government and the National Libraryto the widespread closure of libraries during the pandemic. The main goal of the package is to
grant access to schools and students to all the digital materials of the library (with focus oncompulsory reading materials), as a replacement for a physical library offer, to be able tocontinue in their educational and learning activities without disruption. Realizing that the greatcollection of books locked inside the National Library cannot be replaced by a digital offer
easily, the online library has the infrastructure to provide at least a minimum access to thebreadth of Norwegian literature for which there is unquestionably a demand. In order to meetthe needs of the heightened demand for digital resources, the National Library has reallocatedits funds and the Ministry of Culture extended the National Library Strategy period by one year
so that funds for 2020 can be also used for the package. Other than ensuring people’s accessto library services from home, this package can be also perceived as a charity event –purchases of e-books by the libraries and funded by the government providing income forauthors and publishers.
This initiative illustrates how cooperation is the only way to fight the pandemic. Libraries,
authors, publishers, educational institutions, and the government coming together to ensure
wide access to digital resources while engaging in negotiations on the best mode of legal andfinancial model for this measure can serve as a great example for other countries that struggle
to balance the needs of the libraries and the public and the needs of authors and publishers toeverybody’s happiness.

[Appendix 3 follows]Appendix 3: Bibliography
Page 58
APPENDIX 3
BIBLIOGRAPHYPART I
Anderson, P., ‘Pandemic Effects Weigh on China’s 2021 First Half’ Publishing Perspectives, 2021,
Available at: https://publishingperspectives.com/2021/08/pandemic-effects-weigh-on-chinas-market-in2021s-first-half-covid19/.
Art Basel ‘Online Viewing Rooms: ‘Art Basel has paved the way for what’s to come’, says exhibitor’,2020, Available at: https://www.artbasel.com/stories/online-viewing-rooms-roundup.
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PART II
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