GLAM advocacy

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digital reproductions of materials in the public domain should be in the public domain

  • Case of Bridgeman Art Library v. Corel Corp. -
    • exact photographic copies of public domain images could not be protected by copyright in the United States because the copies lack originality
  • COMMUNIA policy recommendations -
    • Digital reproductions of works that are in the Public Domain must also belong to the Public Domain. Use of works in the public domain should not be limited by any means, either legal or technical. The internet enables the widespread re use of digital reproductions of works of authorship whose copyright protection has expired. The public Domain status of these works means that there is no owner of the works who can impose restrictions on their reuse. At the same time the owners of the physical works (such as heritage institutions) often feel that they are entitled to control over digital reproductions as well and that they can impose restrictions on their reuse. However digitization of Public Domain works does not create new rights over it: works that are in the Public Domain in analogue form continue to be in the Public Domain once they have been digitized.
  • Public Domain Manifesto -
    • What is in the Public Domain must remain in the Public Domain. Exclusive control over Public Domain works must not be reestablished by claiming exclusive rights in technical reproductions of the works, or using technical protection measures to limit access to technical reproductions of such works.

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