January 2008
Copyrighting the World’s Greatest Artworks
Even ancient cultural icons, such as Michael Angelo’s Sistine Chapel, can become the subject of copyright, despite the works having fallen into the public domain.
In 1508, Pope Sixtus IV commissioned Michael Angelo to paint the frescos in the Sistine Chapel. Centuries later, the frescoes were in dire need of restoration and so the Vatican struck up a deal with a Japanese TV network, NHK, who funded the restoration in return for the Vatican granting them exclusive film and publication rights. Any copyright in the original artworks had long since expired and the works had fallen into the public domain.
The Vatican was, however, able to grant publication rights to NHK on the basis that it owned the copyright in photographs of the artworks. UK copyright law provides that images of works that have fallen into the public domain can attract copyright protection as individual works. For example, a photographer who took a picture of the Mona Lisa would be the first owner of copyright in that picture and could sell publication rights to a book that wishes to print the image.
While this law helps sustain the efforts of museums to preserve our cultural heritage, it can also benefit agencies that exist to make a profit. The best example is Corbis, the world’s largest source for archival images founded by Bill Gates in 1989. Corbis has gained a monopoly over the copyright in many images of old public domain works by purchasing exclusive rights to the archives of major museums across the world. Museums transfer the copyright in the images of their collections to Corbis in return for a revenue stream.
Briffa’s comment
These examples show how copyright can be used for and against the public interest. On the one hand, museums and cultural institutions can access valuable funds for restoration work by granting licenses to publish their copyrighted images of their collections. On the other hand, entrepreneurs such as Bill Gates can exploit the law to gain a monopoly over images of public domain works and increase their own wealth.
It is worth noting that the US case of Bridgeman Art Library v Corel Corporation found that a photograph of an artwork is not a new work eligible for copyright. However, the British Museums Copyright Group has issued a statement denouncing that case.