Works of visual art in the public domain

From DSM Exceptions

CHAPTER 4 Works of visual art in the public domain[edit]

Article 14 Works of visual art in the public domain[edit]

Member States shall provide that, when the term of protection of a work of visual art has expired, any material resulting from an act of reproduction of that work is not subject to copyright or related rights, unless the material resulting from that act of reproduction is original in the sense that it is the author's own intellectual creation.

Relevant Recitals[edit]

(53) The expiry of the term of protection of a work entails the entry of that work into the public domain and the expiry of the rights that Union copyright law provides in relation to that work. In the field of visual arts, the circulation of faithful reproductions of works in the public domain contributes to the access to and promotion of culture, and the access to cultural heritage. In the digital environment, the protection of such reproductions through copyright or related rights is inconsistent with the expiry of the copyright protection of works. In addition, differences between the national copyright laws governing the protection of such reproductions give rise to legal uncertainty and affect the cross-border dissemination of works of visual arts in the public domain. Certain reproductions of works of visual arts in the public domain should, therefore, not be protected by copyright or related rights. All of that should not prevent cultural heritage institutions from selling reproductions, such as postcards.

Academic Articles[edit]

Andrea Wallace and Ellen Euler "Revisiting access to cultural heritage in the public domain: EU and international developments", IIC - International Review of Intellectual Property and Competition Law volume 51, 823–855 (2020)

Comment of the European Copyright Society on the Implementation of Art.14 of the Directive (EU) 2019/790 on Copyright in the Digital Single Market. European Copyright Society. 26/4/2020

Alexandra Giannopoulou, "The New Copyright Directive: Article 14 or when the Public Domain Enters the New Copyright Directive", Kluwer Copyright Blog, 27 June 2019