Author's Right, Copyright and Free Licenses for Culture on the Web/Types of Content/2D-3D Reproductions

30. What does reproduction mean?

The reproduction of a work consists in the creation of copies, direct or indirect, temporary or permanent, of the work, made in any form or manner.

Reference: "Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society". EUR-Lex. Article 2. Retrieved 2021-02-22.

31. What does material deriving from an act of reproduction mean?

The material resulting from reproduction is everything that is the result of the act of reproduction itself and of the activity of making direct or indirect, temporary or permanent copies of the work, made in any form or way. The definition includes, for example, digital or analogical photographs of a work.

32. Is a 2D or 3D reproduction of a work of art subject to the copyright?

Yes, 2D and 3D reproductions of a work protected by copyright/author’s right law fall within the broader exclusive right of reproduction, and are subject to the rules referred to.

33. Is it possible to freely reproduce and re-use the material deriving from the reproduction of a work of visual or other kind of art in public domain?

The rights to the material resulting from the reproduction depend on the nature and characteristics of that material.

The possibility to freely use the material resulting from the reproduction of a work depends primarily on the type of protection of the work itself. Directive 790/2019 provides that, when the term of protection of a work of visual art has expired (i.e. when the work entered in the public domain), any material resulting from an act of reproduction of that work is not subject to copyright or related rights, unless the material resulting from that act of reproduction is original in the sense that it is the author's own intellectual creation.

Reference: "Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC". EUR-Lex. Retrieved 2021-02-22.

34. Can photographic reproductions of visual art works be commissioned?

Yes, it is possible to commission photographic reproductions of works protected by Copyright law, always respecting the copyright on the reproduced work (if any).

35. When a cultural institution commissions a digitisation project, is it the right holder on the final result of the digitisation only (images, rendering, graphic material) or also of the raw data (reliefs and points cloud)? Does it have to be provided for in the contract or agreement, or there is a legal presumption of it?

There is no explicit rule of law in this sense, therefore, the ownership of the raw data can only be established through the interpretation of the will of the parties as resulting from the contract.

Author's Right, Copyright and Free Licenses for Culture on the Web
Introduction to the FAQs • I – Definitions
II – Types of Content (Photographs • 2D-3D Reproductions • Texts • Databases • Open Data • Audio Content)
III – Web Tools (Podcast and Webinar • Sharing • Websites • Domain Name • App • Social Network • Instant Messaging)
IV – Licenses and Reuse (Data and Licenses • Images of Cultural Goods in Public Domain • Open Access and License)
V – Problems and Solutions (Infringements • Contracts and Consents • Legal Notices • Exceptions)