Policy · Updated 22 August 2026
Copyright & public domain
An artist's age is only a starting point. A useful rights record must identify the work, territory and exact file.
What this policy requires
Our policy is to list a reproduction only when a work-specific record supports the intended sales territory and the exact source file we plan to use. We do not treat an artist's death date, a broad date range or an institution's collection page as a worldwide answer for every work and every digital file. We do not add works by living artists to this historical-art catalogue.
Why "it's public domain" is not the end of the question
An artwork being out of copyright does not automatically make a particularfile of it safe to sell. Three things complicate it:
- Copyright terms differ by country. A work in the public domain in one country may still be protected elsewhere. A conclusion must name the intended territory rather than say "worldwide."
- The exact file has its own record. A provider may state a licence, a public-domain mark or contractual terms for a particular scan or photograph. The status of the artwork does not settle those file terms.
- Platforms make their own calls. A marketplace can remove a listing on a rights complaint regardless of the underlying legal position, and their decision is the one that governs our shop.
Primary starting points
A work still needs its own evidence chain, but these primary sources explain the main rules used at the start of a review:
- The U.S. Copyright Office'sCircular 15Acovers duration, publication and transition rules in the United States.
- ItsVisual Art Works guidanceexplains the originality threshold for scans, reproductions and restoration work.
- In the European Union,Article 14 of Directive 2019/790addresses reproductions of visual artworks after the underlying term has expired.
The work-specific gate
A current record should identify the named artwork, creator or attribution, relevant dates, publication evidence where it matters, intended territory, exact object and file URLs, the provider's rights statement or terms, and the review date. Unresolved or contradictory records should stay out of production. Automated tools may help organise evidence; they do not make the rights decision.
What we do claim
Public-domain status concerns the underlying historical artwork only. GeMarkt-authored text, original photography, mockups, software contributions and other creative assets may be protected separately. Unless a page or third-party licence says otherwise, GeMarkt does not grant permission to reuse those materials.
We make no claim of authorship over a historical artwork, and we do not claim that a faithful scan or restoration automatically creates a new copyright in every country. Any reusable-file permission must come from the notice attached to that specific file.
If you believe we have made a mistake
If you hold rights in a work you believe we are reproducing without authority, write to contact@gemarkt.comwith the listing and the basis of your claim. We will review the record promptly and may suspend the listing while the review is under way.
This page describes our operating practice. It is not legal advice and it is not a legal opinion on any particular work.