Public Domain and literary works vs. artwork


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Posted by Eric Fandrich on February 09, 1999 at 07:38:29:

I spoke with a publisher's copyright department, and they told me that I can copy the text of a literary work which has passed into the public domain.

As such, I could buy an edition of the work and transcribe (copy) the text, provided I not include any content which has been added in a modern copyrighted edition (ie. biographical information about the author, etc.)

With artwork (paintings, etc.) on the other hand, the reproduction is limited to photographic means, and consequently it seems to me that all instances of a public domain work could be construed as a modification of the original and copyrightable as such.

How would one then be able to make a copy of such a work without infringing on a copyright?

Can an art institution legally enforce that a painting that has entered the public domain not be copied? If so, then how is it in the public domain?


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