At the beginning of each year, multiple Intellectual Property (IP) works enter public domain implying several changes in the use for the works, the authors and the persons, natural or legal, who are or become the recipients of the works of art.
As soon as an IP work of art enters the public domain, it becomes essentially common cultural heritage since it is no longer protected by copyright or other intellectual property laws, so it becomes free to be used and adapted according to the purpose for which it is intended by the user. The ‘liberation’ of works from all forms of intellectual property rights is of enormous cultural, educational, economic and commercial interest, as artists, educators and businesses from the moment of this transition are able to exploit and be inspired by the works by using them in new works and projects, without seeking rightsholders’ license or paying royalties thus also eliminating infringements of intellectual property rights.
But how does copyright work and what are the conditions for its conversion to public domain?
The conditions for an intellectual property work to enter into a product of common cultural heritage differ from one legal order to another. According to the Berne Convention for the Protection of Intellectual Property, the minimum term of protection of an intellectual property work is set at a minimum of 50 years from the death of the author.
According to Greek legislation (Articles 29-31 of Law 2121/1993) which follows the relevant EU 93/98/EEC Directive of 29/10/1993, intellectual property is protected for the lifetime of the author and seventy (70) years after his death, calculated from the 1st of January of the year following the death of the author. After the termination of the protection of intellectual property, the State, represented by the Minister of Culture, may exercise some of the powers deriving from the moral right of the author to his work.
In the case of collaborative works and musical compositions with lyrics, if all contributions and all composer’s and lyricist’s contributions were created specifically for the particular collaborative work or musical composition with lyrics, the copyright shall last as long as the life of the last surviving author and seventy (70) years after his/her death, calculated from January 1 of the year following the death of the last surviving author (Article 1(1) of Directive 2011/77/EU).
Based on the above legislative provisions, works of authors who died in 1954, and are not part of a collaborative work with surviving authors, enter the public domain in the European and consequently in the Greek legal order, in 2025.
However, public domain may have some limitations. Works that are public domains, may have restrictions on their unhindered use, such as the cultural heritage legislation in Italy and Greece, which imposes restrictions on prior authorization and the payment of fees for specific use of works, even if they are in the public domain. In addition, the moral rights of the author may limit the operation of public domains, imposing obligation to indicate and mention the name of the author. Private rights to cultural goods in common use could be granted by approval of the competent authority and in accordance with the terms of the law. While public domains unlock infinite creative possibilities, they also underscore the value of protecting one’s intellectual property from infringements, unauthorized uses and for collection of royalties.
Having noted all the above, some of the most important works that will become common cultural heritage in the year 2025 in the European Union are:
– Henri Matisse, Frida Kahlo and André Derain’s paintings
– Robert Capa’s photographs
– Zofia Malkowski, Colette, Stig Dagerman and Martin Andersen Nexo’s literary works
In conclusion, the establishment of public domains offers a variety of opportunities and possibilities for exploitation, innovation, educational and cultural use. It is important to understand what becomes public domain in conjunction with the restrictions and legislation that set the framework for their use in order to use it ethically safeguarding your own intellectual property.
This flash information update prepared by AP Legal IP team, aims to inform you about IP rights and their uses even when IP rights enter the public domain. Stay tuned for further updates and contact our team should you need more details
