UNAUTHORISED REPRODUCTIONS OF CULTURAL HERITAGE: REMEDIES FROM THE ITALIAN COURTS.
| Author | Chielli, Eleonora |
A recent interim decision of the Court of Florence, (1) Sezione Imprese, has provided guidelines about the exploitation for gain of images reproducing 'beni culturali' (cultural objects). The decision, which relates to images of Michelangelo's David, considers principles of both private and public law and provides a valuable interpretation of the Italian legal framework in relation to this matter.
The ease with which anyone today can reproduce and circulate images of artworks leads to potential clashes with the laws protecting private and public interests. The legal issues involved here include copyright, the protection of public goods in the interest of the community as well as aspects strictly connected with private law, such as unfair competition and claims for damages.
THE FACTS OF THE CASE
A company, acting as a travel agency and selling tickets to enter the Galleria dell'Accademia in Florence, used images of the Galleria and of the famous sculpture of David by Michelangelo to advertise on its website and flyers. The company also sold tickets to enter the Galleria dell'Accademia at an inflated price.
There have been other assertions of copyright infringement involving Michelangelo's David: for example, in 2014 a US weapons manufacturer used a photomontage of the statue holding a rifle. (2) On this occasion the Italian Ministry for Cultural Goods argued that there had been copyright infringement, and that featuring a gun in the advertisement with the statue was a distortion and an affront to the original meaning of the art work (David against Goliath, as a symbol of victory of the righteous against the tyranny of the strong and unjust).
DEFINITION OF A CULTURAL OBJECT IN THE ITALIAN CULTURAL HERITAGE CODE
According to the Italian Cultural Heritage Code, Codice dei beni culturali, Decreto legislativo n.42/2004 ('CBC') Michelangelo's David is a 'cultural object', as defined by article 2 et seq. Included in this definition of 'cultural object', according to articles 10 and 11 CBC are all immovable and movable cultural goods, possessing artistic, historical, archaeological, ethnic-anthropological, archival interest and all other goods identified by law as possessing value for civilisation.
The Right to Reproduce Images of Cultural Objects
The legal provisions relating to the reproduction of images of cultural objects can be found in articles 107 and 108 of the CBC. Article 107 provides that public bodies acting as guardians of a cultural...
To continue reading
Request your trialCOPYRIGHT GALE, Cengage Learning. All rights reserved.
