An Italian museum has won a lawsuit against a magazine publisher which used a photo of Michelangelo’s sculpture David without permission — despite the 500-year-old artwork belonging in the public domain.
— did not pay a usage fee to Galleria dell’Accademia in Florence which has exhibited the sculpture since 1873.
Although the artwork is in the public domain, Galleria dell’Accademia owns the image rights to the famed statue and sued the Edizioni Condé Nast for the usage of the photograph.reports that the case revolved around a section in Italy’s constitution, that protects images of the nation’s cultural heritage and historical memory.
A related law enables the country’s public institutions, such as museums, to request concession fees for commercial reproductions of artworks of cultural heritage, regardless of their copyright status.On May 15, the Court of Florence ruled in favor of the Galleria dell’Accademia in the copyright lawsuit.
“I appreciate the ruling of the Court of Florence on Michelangelo’s David, which recognizes the principle of an image right for cultural heritage,” Italy’s Minister of Culture Gennaro Sangiuliano says in a further statement. “It must be said that the use for commercial purposes for cultural goods must be paid while it must be free for images for educational and study purposes. It is comforting that the judges think like the Ministry of Culture.”
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