Cultural Heritage Protection and Artificial Intelligence; The Future of Our Historical Past

Abstract

This paper aims to present the existing regulatory framework, both at the level of the European Union and at the level of Greece, regarding the protection of cultural goods and the wider cultural heritage. The paper is a comprehensive overview of the conventions, agreements and legal texts adopted, at the international and regional level, for the protection of cultural heritage.

In particular, the paper begins with the presentation of the main terminology aiming to give the concept of cultural heritage as it has been shaped over time and the elements that define it.

Therefore, in the first part, the paper presents the main definitions as set through the UNESCO Convention for the Protection of the World Cultural and Natural Heritage of 1972.

Then, the paper, in the second part, analyzes the existing regulatory protection framework as it applies in the European Union. First, the basic pieces of European legislation aiming at protecting cultural heritage, at all levels and by any means, are presented. Then, the corresponding framework established at the national level, in Greece, is analyzed in a similar way.

In the third part, the connection with Artificial Intelligence (Artificial Intelligence and henceforth AI) is attempted. The connection focuses on two main areas: the first concerns the possibilities that Artificial Intelligence provides in the protection of Cultural Heritage and the second the possibilities offered through AI in improving the accessibility of the individual to cultural goods. Finally, the approach of developing that regulatory framework that will delimit the possibilities of AI within the framework of Ethics and the reliability of Artificial Intelligence methods is attempted.

Appendices

Appendix A

1.1 Protection of Cultural Heritage – EU Level

Treaty on the Functioning of the European Union (TFEU)	Consolidated version of the Treaty on the Functioning of the European Union; Title XIII, Culture, Article 167 (ex Article 151 TEC)
1985 Granada Convention	Convention for the Protection of the Architectural Heritage of Europe, Granada 03/10/1985
1992 Valetta Convention	European Convention on the Protection of the Archaeological Heritage (Revised), Valletta 16/01/1992
EU Audiovisual Heritage Convention, 2001	European Convention for the Protection of the Audiovisual Heritage, Strasbourg 08/11/2001
2005 Faro Convention	Council of Europe Framework Convention on the Value of Cultural Heritage for Society, Faro 27/10/2005
CoE Convention on Offences relating to Cultural Property, 2017	Council of Europe Convention on Offences relating to Cultural Property, Nicosia 19/05/2017
Regulation (EEC) No 3911/92, not in force. Replaced by Council Regulation (EC) No 116/2009 of 18 December 2008	Council Regulation (EEC) No 3911/92 of 9 December 1992 on the export of cultural goods: Amended by the Commission Regulation (EEC) No 752/93 of 30 March 1993 on laying down the provisions for the former’s implementation; and Council Regulation (EC) No 974/2001 of 14 May 2001
Regulation (EEC) No 752/93, not in force. Replaced by Commission Implementing Regulation (EU) No 1081/2012 of 9 November 2012	Commission Regulation (EEC) No 752/93 of 30 March 1993 laying down provisions for the implementation of Council Regulation (EEC) No 3911/92 on the export of cultural goods
Regulation (EC) No 116/2009. In force	Council Regulation (EC) No 116/2009 of 18 December 2008 on the export of cultural goods
Regulation (EU) No 1081/2012. In force	Commission Implementing Regulation (EU) No 1081/2012 of 9 November 2012 for the purposes of Council Regulation (EC) No 116/2009 on the export of cultural goods
Directive 93/7/EEC, not in force. Replaced by Directive 2014/60/EU of the European Parliament and of the Council of 15 May 2014	Council Directive 93/7/EEC of 15 March 1993 on the return of cultural objects unlawfully removed from the territory of a Member State: Amended by Directive 96/100/EC of the European Parliament and of the Council of 17 February 1997; and Directive 2001/38/EC of the European Parliament and of the Council of 5 June 2001
Directive 2014/60/EU of the European Parliament and of the Council of 15 May 2014. In force	Directive 2014/60/EU of the European Parliament and of the Council of 15 May 2014 on the return of cultural objects unlawfully removed from the territory of a Member State and amending Regulation (EU) No 1024/2012 (Recast)
Regulation (EU) 2019/880 of the European Parliament and of the Council of 17 April 2019. In force	Regulation (EU) 2019/880 of the European Parliament and of the Council of 17 April 2019 on the introduction and the import of cultural goods

Appendix B

1.1 Protection of Cultural Heritage – National Level

Law 1103/1980	Law 1103/1980 (FEK 297 A’/19.12.1980) - Ratification of the UNESCO Convention on the means of prohibiting and preventing the illicit import, export and transfer of ownership of cultural property -Paris 1970
Law 1114/1981	Law 1114/1981 (FEK A’ 6/08.01.1981) - Ratification of the Convention for the Protection of Cultural Property in the Event of Armed Conflict (Hague Convention - UNESCO) Ratification of the Protocol
Law 1126/1981	Law 1126/1981 (FEK A’ 32/10.2.1981) - Ratification of the UNESCO Convention concerning the Protection of the World Cultural and Natural Heritage, Paris, 16 November 1972
Law 1127/1981	Law 1127/1981 (FEK A’ 32/10.2.1981) - Ratification of the European Convention on the Protection of the Archaeological Heritage, CoE - London 1969
Law 2039/1992	Law 2039/1992 (FEK A’ 61/13.4.1992) - Ratification of the Convention for the Protection of the Architectural Heritage - “Granada Convention” - CoE
Presidential Decree 133/1998, not in force. Replaced by Law 4355/2015	Presidential Decree 133/1998 (FEK A’ 106/19.5.1998) - Presidential Decree conforming Greek laws to the Council Directive 93/7/EEC of 15 March 1993 and 96/100/ΕEC of 17 February 1997 on the return of cultural objects unlawfully removed from the territory of a Member State. - as amended by Presidential Decree 67/2003; Amendments and additions to Presidential Decree 133/1998 -
Law 3028/2002	Law 3028/2002 (FEK A’ 153/28.6.200)–[Main Law on Antiquities] - Law on the Protection of Antiquities and Cultural Heritage in General, as amended by Law 4744/2020 on the Ratification of the Convention on Offences relating to Cultural Property; and Law 4761/2020 on the Reorganization of the Fund for Archaeological Resources and Expropriations and its renaming to Organization for the Management and Development of Cultural Resources, promotion of the cultural heritage abroad, arrangements for the Historical Museum of Crete and other provisions
Law 3207/2003, Art. 10	Law 3207/2003 (FEK Α΄ 302/24.12.2003) - Preparation for the Olympic Games [Relevant Article 10: “Regulations Related to the Ministry of Culture”]
Law 3323/2005	Law 3323/2005 (FEK A’ 61/7.3.2005) - Governmental Committee on Culture and Education
Law 3378/2005	Law 3378/2005 (FEK Α’ 203 / 19.8.2005) - Ratification of the European Convention for the protection of the Archaeological Heritage - “Valletta Convention” - CoE
Law 3317/2005	Law 3317/2005 (FEK Α΄ 45/23.02.2005) - Ratification of the Second Protocol of the Convention for the Protection of Cultural Property in the Event of Armed Conflict (UNESCO)
Law 3389/2005, Art. 17 and 21	Law 3389/2005 (FEK Α’ 232/22.9.2005) - Public-Private Partnerships; Relevant articles 17 and 21: Regulations on excavations during public construction works
Law 3525/2007	Law 3525/2007 (FEK A’ 16/26.01.2007) - Law on Cultural Sponsorship
Law 3658/2008	Law 3658/2008 (FEK Α’70/22.04.2008) - Law on Measures for the Protection of Cultural Objects as amended by Law 4761/2020 on the Reorganization of the Fund for Archaeological Resources and Expropriations and its renaming to Organization for the Management and Development of Cultural Resources, promotion of the cultural heritage abroad, arrangements for the Historical Museum of Crete and other provisions
Law 3691/2008, Art. 3	Law 3691/2008 (FEK Α’ 166/5.8.2008) - Prevention and repression of legalization of income from criminal activities and financing of terrorism and other provisions; Relevant Article 3
Law 3711/2008	Law 3711/2008 (FEK A’/5.11.2008) - Law regulating the administrative issues related to the new Acropolis Museum
Law 3914/2011	Law 3914/2011 (FEK Α’ 19/16.02.2011) - Agreement between the Government of the Hellenic Republic and China on the prevention of theft, illegal excavation and illicit import and export of cultural property
Law 3915/2011	Law 3915/2011 (FEK Α’ 20 / 17.02.2011) - Agreement between the Federal Council of the Swiss Confederation and the Government of the Hellenic Republic on the import, transit and repatriation of cultural property
Law 4026/2011	Law 4026/2011 (FEK Α’ 231 / 3.11.2011) - Bilateral Agreement between USA and Greece signed in July 2011 on imposing import restrictions of archaeological and Byzantine artefacts dating up to the 15th century AD
Presidential Decree 85/2012 and 86/2012	Presidential Decree 85/2012 and 86/2012 (FEK Α΄ 141/21.6.2012) - Establishment of the new “Ministry of Education, Religious Affairs, Culture and Sports” and Appointment of the Ministers, Deputy Ministers and Deputy Ministers, as amended by PD 118/2013 (FEK A’152/2013)
Presidential Decree 96/2012	Presidential Decree 96/2012 (FEK A’ 154/24.7.2012) - Establishment of Secretariat of Culture, Ministry of Education, Culture and Sport
Law 4355/2015	Law 4355/2015 (FEK A’ 178/18.12.2015) - Conforming Greek laws to Directive 2014/60/EU of the European Parliament and of the Council of 15 May 2014 on the return of cultural objects unlawfully removed from the territory of a Member State
Law 4744/2020	Law 4744/2020 (FEK Α’ 213/4.11.2020) - Ratification of the Convention on Offences relating to Cultural Property, CoE–Nicosia 2017
Law 4761/2020	Law 4761/2020 (FEK A’ 248/13.12.2020) - Reorganization of the Fund for Archaeological Resources and Expropriations and its renaming to Organization for the Management and Development of Cultural Resources, promotion of the cultural heritage abroad, arrangements for the Historical Museum of Crete and other provisions