Works of visual art in the public domain

Abstract

In recent years, the convergence of copyright law and the public domain has become increasingly relevant due to the rapid digitisation of cultural works and the evolving nature of intellectual property rights. The digital landscape has completely restricted the way visual art is made, distributed and consumed by audiences. Along with other legislation, the European Union has introduced Directive 2019/790, referred to as the Directive on Copyright in the Digital Single Market, to protect intellectual property rights in the world of internet platforms. Article 14 of Directive 2019/790, which caters for works of visual art that have entered the public domain upon the lapse of their copyright protection term within Member States. This indicates a significant development in the legal treatment of visual works of art within the European Union, along with an attempt to find a middle ground between the concept of originality and freedom of use of works in the public domain. This dissertation analyses the scope and implications of Article 14 of Directive 2019/790, focusing on the accessibility of visual works of art and their relation to the public domain. Through a comprehensive legal analysis supported by case studies, this work evaluates the practical impact of Article 14 on the distribution and commercialisation of visual art. Furthermore, an exploration of the harmony between the necessity to protect intellectual property rights and the digital accessibility of public domain works is undertaken. Furthermore, this work will examine the way this article has been transposed in the Member States and its implications. Lastly, the dissertation aims to contribute to the ongoing debate on how best to regulate the use of public domain works, especially in an age where the margins between private ownership and public access have become indistinct.