What does it mean to enter the public domain?

For an artwork, entering the public domain means that it becomes a shared cultural resource, freely available for use and adaptation. Artists, educators, and businesses can tap into this rich source of inspiration, incorporating public domain works into new projects without the risk of copyright infringement. This freedom to use and reinterpret public domain works unlocks immense creative potential, enabling innovative artistic expressions, that can help shape our shared cultural heritage.

How long does copyright protection last ?

The duration of copyright varies across countries. The Berne convention adopted in 1886 and ratified by 182 countries since then, stipulates that the duration of copyright protection is at least 50 years after the author’s death.

Within the European Union, copyright typically extends for the lifetime of the author plus 70 years. As a result, works by creators who passed away in 1955 are now entering the public domain in the European Union. The United Kingdom follows a similar copyright framework to that of the European Union.

In the United States, the length of copyright depends on when the work was published [1] . For works created before January 1, 1978, protection lasts for 95 years from their first publication. In contrast, copyright protection for works published after January 1, 1978 lasts for the life of the author plus an additional 70 years.

These differences can lead to some intriguing disparities. For instance, Virginia Woolf's novel Mrs. Dalloway, published in 1925, entered the public domain in the UK and in the EU in 1995, 70 years after the author's passing, but in the United States, it became public domain in 2021, 95 years after its year of publication, due to variations in copyright laws between the regions. It is also worth noting that some of Woolf's later works, such as her novel The Waves, published in 1931, are still protected by copyright, and will enter public domain on 1 January 2027. This perfectly highlights the complexity of copyright laws and their application to an author's body of work.

Beyond copyright: Navigating cultural heritage laws

However, despite the absence of copyright restrictions, other legal limitations can still apply. Cultural heritage laws in countries like Italy and Greece, for example, may impose conditions on the use of publicly-owned works. Such laws often require prior approval and the payment of fees for certain uses, even when the underlying work is in the public domain. The example of fashion designer Jean-Paul Gaultier's use of Botticelli's Birth of Venus in 2022 speaks for itself.

Additionally, moral rights or contractual agreements might also limit how public domain works can be utilised, introducing further complexity to their use. Moral rights – which can vary in duration across different jurisdictions – include, for example, the obligation to mention the artist’s name (right of attribution) and to respect the essence of the artist’s work by using it in conditions as close as possible to those intended by the author (right of integrity).

Some artworks entering the public domain in 2026 in the European Union

In 2026, a broad spectrum of iconic artworks and notable figures will transition into the public domain within the European Union, marking the transition of renowned artists' masterpieces into shared cultural heritage. Among examples are:

• George Enescu’s and Arthur Honegger’s musical compositions

• Nicolas de Staël, Max Pechstein, Maurice Utrillo and Fernand Léger’s paintings and other artistic works

• Thomas Mann’s and Concha Espina’s literary works

• Albert Einstein’s papers and publications

• Charlie Parker’s compositions

In the United States, 2025 marks the entry in the public domain of the artworks created in 1930, that were already open to reproduction and distribution in the European Union. This is the case, for example, of Faulkner’s As I lay dying, and for the very first version, from 1930, of Betty Boop as she appeared in Dizzy Dishes (later versions of the character remain protected by copyright).

In conclusion, the entry of creative works into the public domain offers a wealth of opportunities for innovation and cultural preservation. While the public domain removes many legal restrictions, understanding the nuances of other laws, rights, and obligations is essential to ensure responsible use of these artistic treasures.

The EUIPO and copyright

In November 2025, the EUIPO launched its Copyright Knowledge Centre. This single gateway for copyright knowledge in the European Union offers to users and creators a wealth of resources, including training materials, recent studies and case law, data on copyright infringement, access to copyright-related databases, and a brand new interactive copyright map that compiles information from all Member States on copyright legislation, competent authorities and licensing schemes.

Visit the EUIPO Copyright Knowledge Centre

Source: https://www.euipo.europa.eu/en/news/copyright-artworks-entering-the-public-domain-in-2026