The Public Domain – Top 10 Questions
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4 comment(s)
12/3/2011 4:56:15 PM
Anonymous wrote:

Great Article, are there any exemptions to non citizens? eg can a U.S. citizen re-create a french work once it enters France public domain?
12/3/2011 4:57:42 PM
Anonymous wrote:

Great Article, are there any exemptions for non citizens? eg can a U.S. citizen re-create a french work once it enters France' public domain?
12/14/2011 5:33:45 AM
Rick wrote:

The public domain is specific for each country - i.e. each country has it's own set of rules for how, if, or when works may enter the public domain. So, whether a U.S. citizen can re-create a French work depends on the law of France - i.e. whether the work in France entered the public domain and France would allow it. Further, even if a work enters the public domain in one country doesn't necessarily mean it entered the public domain in another country. Both countries would have to be checked.
4/14/2014 10:08:20 AM
Anonymous wrote:

Hi,

I have some further questions that I hope you can answer in regards to this article. The article states that a person can make money off works (such as the Mona Lisa, which I use my example) that are in public domain and that you don't need permission. However, I've read elsewhere that an actual photograph of the Mona Lisa may be copyrighted by the person or museum that took the picture. Further, I've also read that if the photograph is a faithful reproduction of the Mona Lisa, then that photograph is automatically in public domain and, therefore, cannot be copyrighted.

Now, some museums that house specific works of art are providing high-resolution downloads of some their art for personal and commercial use. Then there are other museums who provide high-resolution downloads of artwork, but specifically say they cannot be used for commercial purposes. However, they photos they provide are simply faithful reproductions of the original artwork. If the artwork is in the public domain and faithful reproductions are in public domain, then how can a museum restrict someone from using the artwork for commercial purposes?

I'm very confused about this whole situation and have read conflicting information on the subject, so I'm not sure what is legal and what isn't in regards to using public domain artwork for commercial purposes. I am hoping you can shed some light on this issue. I appreciate any input you can provide.

Best regards,
Bob

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