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

This article examines how many museums are restricting access to digital images of public domain artworks, a practice likened to the historical Enclosure Movement in England. It argues that this “digital enclosure” limits scholarship, education and creative reuse, undermining the natural state of the public domain. The article analyses the legal and ethical implications of these practices, particularly in relation to copyright claims over digital reproductions. It also explores the irony of museums with restrictive access policies embracing NFTs as a new form of monetisation. The article further highlights the resistance to this trend, exemplified by the Open GLAM movement, and the efforts of organisations like Creative Commons and Wikimedia Foundation affiliates, along with projects like TAROCH, to promote open access. By advocating for alternative funding models and greater collaboration, the article calls for a shift towards a more open and equitable digital cultural landscape, where public domain heritage is freely shared and accessible to all.

Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2025-03-01
DOI
https://doi.org/10.5281/zenodo.15576233
Primary Topic
Copyright and Intellectual Property
Type
article
Field-Weighted Citation Impact
0.00
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article

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

Zenodo (CERN European Organization for Nuclear Research)
Copyright and Intellectual Property
article

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

article en

Abstract

This article examines how many museums are restricting access to digital images of public domain artworks, a practice likened to the historical Enclosure Movement in England. It argues that this “digital enclosure” limits scholarship, education and creative reuse, undermining the natural state of the public domain. The article analyses the legal and ethical implications of these practices, particularly in relation to copyright claims over digital reproductions. It also explores the irony of museums with restrictive access policies embracing NFTs as a new form of monetisation. The article further highlights the resistance to this trend, exemplified by the Open GLAM movement, and the efforts of organisations like Creative Commons and Wikimedia Foundation affiliates, along with projects like TAROCH, to promote open access. By advocating for alternative funding models and greater collaboration, the article calls for a shift towards a more open and equitable digital cultural landscape, where public domain heritage is freely shared and accessible to all.

Zenodo (CERN European Organization for Nuclear Research)
Sustainable cities and communities
Openalex Percentile: Top 45%
Copyright and Intellectual Property
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