Can a public-domain work still have other restrictions?
Yes, a public-domain work can still carry other restrictions. The CC0 1.0 legal code waives copyright and related rights 'to the fullest extent possible,' but it explicitly leaves privacy, publicity, trademark, patent, and cultural-heritage rights untouched. A work whose copyright has expired may still be bound by those non-copyright restrictions. The user, not the affirmer, bears the legal risk. Before reusing any public-domain marked material, confirm which rights remain in your jurisdiction.
Can a Public-Domain Work Still Have Other Restrictions? Privacy and Publicity Rights
Privacy and Publicity Rights
Privacy and publicity rights survive copyright expiration. A photograph taken in 1920 may now be free from copyright, but the people in it, or their estates in some jurisdictions, still hold rights over commercial use of their likeness. The CC0 deed's legal code states it does not license 'publicity, privacy or personality rights' beyond the scope permitted by the waiver. If you publish a historic photograph of a person on a product box, obtain a model release even though the copyright is gone.
Publicity rights vary widely. In the United States they are state law; in the European Union they fall under personality rights. The Creative Commons FAQ says that 'CC0 does not guarantee that you will not be subject to a claim' for these uses. Check local law before using a public-domain image of a living person or of a person who died within the last several decades.
Cultural Heritage Laws and Contractual Restrictions
Museum Contracts and Digital Scans
Cultural heritage institutions such as museums and archives sometimes impose contractual terms on reproductions of public-domain works. A museum may require you to sign a contract before photographing its collection, or it may assert ownership of a high-resolution digital scan even if the underlying painting is in the public domain. These are not copyright claims; they are contract or property-law restrictions. The CC0 legal code does not waive contract rights. If you download a scan from a museum website that requires acceptance of its terms, those terms may prevent commercial reuse or require attribution. Read the site's terms before assuming a public-domain mark on the image gives you full permission.
National Cultural Heritage Laws
Another layer comes from national cultural heritage laws. Some countries, such as Italy and Greece, restrict the reproduction of certain cultural objects regardless of copyright status. The Creative Commons Public Domain Mark (PDM) is a label, not a legal tool. It marks material the marker believes is free of known copyright restrictions worldwide, but it changes no legal rights. A cultural-heritage law that limits photography of a statue in a public square remains in force even if the sculptor died centuries ago.
| Right Type | What It Covers | When It Applies | Action Required |
|---|---|---|---|
| Privacy | Unauthorised use of a person's image | Person is alive or recently deceased | Obtain model release or blur faces |
| Publicity | Commercial use of a person's likeness | Varies by jurisdiction; check local law | License from the person or estate |
| Trademark | Use of a brand name or logo in a way that implies endorsement | Use creates confusion about source or sponsorship | Avoid trademark use absent permission |
| Cultural Heritage | Reproduction of certain cultural objects | National laws, museum contracts | Review national heritage laws and museum terms |
| Contract | Terms imposed by a data provider or institution | Site terms accepted before download | Read and comply with the contract |
| Patent | Inventions or processes even if described in a work | Patent law covers the invention, not the document | Separate patent clearance required |
Public Domain Works and Trademark, Patent and Reproduction Rights
Trademark and Patent
Trademark law is independent of copyright. A public-domain image of the Coca-Cola logo still cannot be used in a way that suggests the company endorses your product. The CC0 deed says it does not license trademark rights. If your use of a public-domain work incorporates a registered trademark, you may be liable for trademark infringement even though the copyright on the logo design has expired.
Patent rights also remain separate. A diagram from a 19th-century patent application is in the public domain, but the invention it describes may still be patented. The CC0 waiver covers only rights within its scope; patent rights are outside that scope. Do not assume that a public-domain drawing gives you the right to manufacture the device it depicts.
Reproduction Rights in Digital Scans
Reproduction rights can be tricky with digital reproductions. A museum may claim a new copyright in its high-resolution scan of a public-domain painting if the scan requires creative choices in lighting, angle, or colour correction. The Supreme Court has not settled this universally. Treat any museum scan as potentially carrying its own copyright or contract restrictions. Check the official license terms on the museum's website rather than relying on the public-domain status of the original work.
Keeping CC0, PDM, Expired Copyright and Licensed Use Distinct
CC0 Versus the Public Domain Mark
CC0 and the Public Domain Mark (PDM) are not the same. CC0 is a formal legal tool with a waiver, a fallback license, and a non-assertion promise limited to remaining Copyright and Related Rights. PDM is a label that says 'I believe this is free of known copyright restrictions worldwide.' PDM changes no legal rights and is appropriate only for material you have verified as free of copyright globally. Never apply PDM to a work where you are uncertain about its copyright status in any country.
Expired Copyright and Creative Commons Licenses
Expired copyright is different from both. A work whose copyright has expired is in the public domain by operation of law, not by any tool. CC0 is used by a rights-holder to dedicate a work they control to the public domain before copyright would otherwise expire. Licensed use under Creative Commons 4.0 licenses (CC BY, CC BY-SA, etc.) operates on top of copyright and does not put the work into the public domain. The four conditions of version 4.0, attribution, share-alike, non-commercial, no-derivatives, apply only where copyright permission is needed.
If you reuse a work under one of the six Creative Commons licenses, you are relying on the permission granted by that license, not on public-domain status. If you reuse a work under CC0 or because its copyright has expired, you must still clear the non-copyright rights described above. The CC0 legal code's Section 2.2 lists rights that are not waived: privacy, publicity, and similar personality rights; trademark and service mark rights; patent and other intellectual property rights not covered by the CC0 scope; and rights in database data that are not copyright or sui generis database rights.
Common Questions
Can a public-domain work still have privacy restrictions?
Yes. Privacy and publicity rights survive copyright expiration. Check local law and obtain a model release if using images of identifiable living people commercially.
Does CC0 remove trademark restrictions?
No. The CC0 legal code states it does not license trademark rights. A public-domain image of a trademarked logo still cannot be used in a way that implies endorsement.
What is the difference between CC0 and the Public Domain Mark?
CC0 is a legal dedication with a waiver and fallback license. PDM is a label only: it marks material believed free of copyright restrictions but changes no legal rights.
Can a museum restrict reuse of a public-domain work?
Yes, through contract terms or a claim of copyright in its reproduction. Read the museum's terms and license notice before downloading or using its scans.