Annotation

This article provides a comprehensive analysis of the problems arising within the process of the transition of works of science, literature and art into the public domain in the Russian Federation. Despite the apparent simplicity of this legal mechanism, designed to ensure free access to cultural heritage, it encounters a number of systemic obstacles in practice. The work sequentially analyzes key issues related to the difficulty of determining the legal status of works. The phenomenon of “orphan works” is also examined, contradictions in commercial use and new challenges of the digital environment are explored, including the creation of “artificial” barriers in the use of works belonging to the public domain. The article proposes specific solutions to the identified problems, aimed at optimizing the public domain regime, including improving legislation on fair use, creating a National Public Domain Registry, and clarifying the legal status of digital reproductions.