Museums and the Enclosure of the Public Domain in the Digital Age

"In the realm of museums, the rise of digitisation has been celebrated as a way to democratise access to culture. By putting artworks, manuscripts and artefacts online, museums promised to make these treasures accessible to anyone with an internet connection (European Commission 2010). In practice, however, access is frequently granted under restrictive terms that limit the use and reuse of these digital resources. A phenomenon reminiscent of enclosure has unfolded in the digital realm, particularly concerning when these restrictions are applied to digital reproductions of works that are themselves in the public domain.

This practice disrupts the fundamental principles of copyright, which grants creators exclusive rights for a limited time to encourage creativity. Once this period expires, works enter the public domain, becoming a shared cultural resource, freely available for public access, use and reinterpretation. The public domain plays a crucial role in fostering innovation, education and the creation of new works, allowing artists, writers and scholars to build upon the foundations laid by previous generations. It ensures that knowledge and culture are not indefinitely locked away behind paywalls but can be freely accessed and used to inspire new creative endeavours. However, many institutions use copyright and contract law to assert control over digitised public domain collections, such as centuries-old paintings, medieval manuscripts and historical photographs. In most jurisdictions, the legal basis for asserting copyright over straightforward digital reproductions of public domain works is highly questionable, as such reproductions typically lack the originality required for copyright protection. By effectively extending copyright beyond its intended limits, these institutions are creating an artificial scarcity that hinders the free flow of information and creativity, contradicting the very purpose of the public domain...."