Excerpt from the comment of an Austrian publisher:
Significantly different are the issues concerning museums and archives where in most cases works
of art which are free of copyright are stored. (At a certain degree the problem of orphan works
In these cases the physical access to the works of art is often restricted for re-use therefore it is not
possible to digitize the works of art which are of interest for re-use. These institutions tend to gain
new copyrights on the digitized files which definitely should be under the rules of the directive.