《Who Is the Public For? ②》 Why Digital Commons Are Being Privatized Again

Public Domain was originally everyone's. The institution was designed so anyone could freely use images, documents, and artworks whose copyright protection period had ended — to return humanity's cultural assets to the public embrace. Ironically, however, public domain is currently being re-"privatized."

NFT, Web3, and generative AI promised "decentralization" and "sharing," but what's actually happening is the opposite. Platforms and first-movers are rushing to stamp "digital ownership" on public domain content, then claiming ownership based on that record. NFTs are not copyright — minting a public domain image as an NFT doesn't grant legal ownership. Yet in actual markets, NFT issuers are often recognized as "original digital owners."

Example: In 2021, Vincent van Gogh's public domain images were digitized, registered as NFTs, and traded for tens of thousands of dollars — images anyone should be freely able to use became "someone's property" through a single digital token. The Hermitage Museum's 2021 NFT project similarly claimed "digital ownership" by minting high-resolution masterpiece images. Web3 also ultimately focuses on ownership over sharing — DAO governance concentrates power in leaders, NFT communities structure profits for original authenticators.

Platform strategy: large image sites, AI generation tools, and content distribution platforms collect public domain materials for free, then monetize them as premium products (museum high-res images → AI training data → paid generation image API; masterpiece images with watermarks → paid licenses). This "digital enclosure" creates "de facto ownership without ownership." Four policy proposals: automatic attribution systems; public domain ethics guidelines; commercial use public cultural fund contributions; building sharing ethics into Web3 and AI technical protocols. "Those who protect sharing first" should be the measure, not "who recorded first."