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This article applies to the definition of cultural heritage, its value to society and to the problem of its ownership, as well as to conflicts that arise around ownership of the cultural heritage. Human creations, as well as creations of nature that have spiritual values, may be called “cultural goods”. “Cultural heritage” is, however, this part of the past cultural goods, which had been considered valuable for the next generations and thus survived to the present. The notion of a “monument” should be reserved for the material remains of the past human activities. In the last quarter of the twentieth century, it was noted that cultural phenomena are the resources, analogous to natural resources. Cultural heritage is a limited resource, non-renewable and vulnerable to damage as a result of both external factors, such as the decay resulting from the passage of time, as well as a result of excessive and uncontrolled consumption. Moreover, the cultural resources are the subject of common ownership and there is a need to manage them wisely in the public interest. Most theorists as the most important criteria for the recognition of an object as belonging to the category of cultural heritage considers its cognitive and emotional values, which jointly are frequently described as „historical value”. The value of cultural heritage is multidimensional and can be measured on many scales. Some of the heritage values are the values of universal, transcendent, objective and unconditional character. Other values are related to the particular social or cultural context of the recipient. With regard to the ownership of cultural heritage, the author after considering various theories on this issue proposes to adopt the theory of common property, which as a consequence leads to the principle of free access to the cultural heritage. Cultural heritage needs to be public domain in the sense that everyone should have equal access to the spiritual values that the heritage contains. This does not mean necessarily expropriation of private owners of individual objects making up the cultural heritage. From the standpoint of the idea of free access it does not matter who owns the substance of an object in a legal sense, if only the ownership right does not affect the public interest. prof. dr hab. Zbigniew Kobylinski, archeolog, zabytkoznawca, teoretyk zarządzania dziedzictwem kulturowym. Jest dyrektorem Instytutu Archeologii Uniwersytetu Kardynala Stefana Wyszynskiego w Warszawie oraz profesorem w Instytucie Archeologii i Etnologii PAN. W latach 1995-1999 pelnil funkcje zastepcy Generalnego Konserwatora Zabytkow. Od roku 2007 pelni funkcje prezesa Stowarzyszenia Naukowego Archeologow Polskich. Jest autorem m.in. ksiązek „Teoretyczne podstawy konserwacji dziedzictwa archeologicznego” (2001) oraz „Wlasnośc dziedzictwa kulturowego” (2009), a takze licznych artykulow naukowych.
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