There are many ways around that. Instead of buying the artwork, it could be on a 99 year lease. Or a museum wins a bid to host the artists exhibition for 10 years.
Another question - is there some threshold which triggers the switch to public domain? Eg, if the public pays for 10% of the cost, through taxes, and private donators pay for the rest, then is it still placed in the public domain?
I agree - I think the Portlandia case should not have let the artist keep that restriction on use. But I think it should be done as part of the contract, rather than a blanket rule that any public funds => public domain.
Another question - is there some threshold which triggers the switch to public domain? Eg, if the public pays for 10% of the cost, through taxes, and private donators pay for the rest, then is it still placed in the public domain?
I agree - I think the Portlandia case should not have let the artist keep that restriction on use. But I think it should be done as part of the contract, rather than a blanket rule that any public funds => public domain.