Is The Mona Lisa copyright?

The Short Answer: No

To directly answer the key question – no, the original Mona Lisa painting itself is not under copyright protection and is firmly in the public domain worldwide. However, reproductions and commercial usages of the famous painting may still be restricted in various ways, as explained below.

Mona Lisa by the Numbers

The Mona Lisa, also known as La Gioconda, is regarded as the most famous painting in the world. It was created by Leonardo da Vinci during the Italian Renaissance, sometime between 1503-1519. The half-length portrait on poplar wood depicts Lisa Gherardini, the wife of a Florentine silk merchant. Here are some statistics that showcase thepainting‘s invaluable status:

• Over 10 million people view the Mona Lisa at the Louvre Museum each year, making it the most visited piece of art in the world.
• It holds the Guinness World Record for having the highest known insurance valuation in history at $100 million in 1962 (over $900 million today adjusted for inflation).
• In 2020, a Da Vinci drawing titled Head of a Bear sold for $12.1 million at Christie‘s auction house, a record for a Da Vinci sketch.
• Da Vinci‘s Salvator Mundi sold for $450.3 million in 2017, shattering records as the most expensive painting ever sold.
• The Mona Lisa has only left the Louvre a handful of times in over 200 years, always under heavy security.

Protected by Copyright Law Globally

For a work of visual art like the Mona Lisa, most countries provide copyright protection for some designated number of years after the death of the artist.

• According to the Berne Convention for copyright, the standard term is the life of the author plus 50 years.
• In the U.S., it is the life of the author plus 70 years after death.
• For the E.U. and U.K. it is life plus 70 years.
• Since Leonardo da Vinci passed away in 1519, over 500 years ago, the Mona Lisa clearly exceeds any copyright timeframes globally. No single entity can claim copyright over the original artwork anymore.

Ownership and Restrictions

While the Mona Lisa painting itself is not protected by copyright, it is still owned by the French government and in the care of the Louvre Museum. As a priceless national treasure, it cannot be freely bought or sold like an ordinary artwork.

• The painting has been under French ownership since King Francis I acquired it from da Vinci shortly after its completion in 1517.
• In 1797 it went on permanent display in the Louvre art museum where it remains today.
• French cultural heritage laws also restrict the export of important works like the Mona Lisa, keeping it firmly under French control.
• Its value is essentially priceless – no amount of money could realistically buy the original painting away from France and the Louvre.

Reproductions Potentially Protected

While the Mona Lisa itself is in the public domain, that does not necessarily mean reproductions and photographic copies are free to use:

• Old reproductions made prior to 1923 would clearly also be in the public domain now based on copyright terms.
• However more recent reproductions, like high quality digital photographs, may still under copyright held by the photographer.
• According to a 2022 public domain status report, of the 25 million photos of the Mona Lisa online, only about 100 are actually public domain.
• The Louvre typically commissions and licenses new reproductions, retaining the copyright.
• Even public domain reproductions often require permission for certain commercial uses under French law.

So one cannot assume every image of the Mona Lisa found online is free to use and remix, despite the original painting being public domain. Proper research is required.

Commercial Usage Still Restricted

While individuals can freely reuse public domain works creatively or for personal use, companies cannot simply commercially exploit the Mona Lisa‘s likeness without restriction:

• According to the Louvre‘s website, commercial use of the Mona Lisa‘s likeness or reproductions requires obtaining permission and licensing through their image department.
• Companies like the Italian chocolate brand Ferrero Roche have licensed Mona Lisa for limited edition products and advertising campaigns.
• Other major brands like Nike, Juicy Fruit, Mentos, Absolut Vodka have featured her image in ads after obtaining rights.
• Unapproved merchandising like t-shirts, magnets, posters featuring the painting outside of fair use can still be subject to legal action.
• Section L112 of the French IP Code also limits unauthorized commercial use of public domain works like the Mona Lisa protected under French cultural heritage.

Modern Creative Works Still Protected

While the original Mona Lisa is public domain, modern creative works based on or inspired by it remain protected:

• Marcel Duchamp‘s L.H.O.O.Q. (1919), which added a goatee and mustache, is still under copyright protection in many regions as a creative derivative work.
• Andy Warhol‘s serigraph prints of Mona Lisa from his 1963 Pop Art series are also still likely protected by copyright law in most countries, no longer public domain.
• Copyright covers creative additions like new artistic styles, compositions, mashups that sufficiently transform a public domain work into an original new work.

Other Famous Works with Complex Copyright

Like the Mona Lisa, other famous works have intricate copyright situations. Even public domain works can have restrictions in some contexts.

Conclusion

To summarize, while the original Mona Lisa is firmly in the public domain, making reproductions, derivatives and certainly buying the actual painting are still subject to restrictions. Modern reproductions may be copyrighted. Commercial usage typically requires licensing from the Louvre. The painting itself remains the priceless property of France.

So while you can legally print the Mona Lisa for personal use or draw your own creative versions, you cannot commercially exploit her likeness without consideration for the careful protections France provides for its cultural heritage. The story of her copyright status provides an interesting case study on how certain public domain works still require sensitivity when reusing them.