Inclusion of the public domain in Article 5
Regarding the reform of the copyright in the Digital Single Market, the negotiators in the trilogue have provisionally agreed to include a Public Domain clause in Article 5 of the Directive.
The provision will ensure that reproductions of works in the public domain can no longer be protected by copyright or neighbouring rights (as it is still the case in some member states such as Spain and Germany). This means that someone who will photograph a painting in the public domain, for instance, will not be able to re-establish copyright or any other neighbouring right on that work. This is also in accordance with the principle of the Public Domain Manifesto that “what is in the public domain must remain in the public domain”. The Intellectual Property Institute sees this a step in the right direction and supports the regulation of the concept of the public domain on EU levels.
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