The Uffizi Galleries of Florence houses an outstanding collection of paintings and sculptures, one of the most famous of which is perhaps Botticelli's The Birth of Venus. Further attention has been drawn to this work recently, however, as the Uffizi Galleries allege that the French fashion house Jean Paul Gaultier are using images of this masterpiece without the necessary authorisation.
The Birth of Venus was painted ~500 years ago, so has its copyright not long expired? While copyright protection may only last until 70 years after the death of the author - or in this case, painter - Eike Schmidt, the director of the Uffizi Galleries, notes that in Italy 'there is a non-expiring right to the use of images held in public trust, something that does not exist in the US and UK'. Fashion designers may use such images, however this use must be authorised and the correct fee paid. Fees are determined by factors such as the price point of the products, and the volume of their sales.
Earlier this year the Galleries appear to have become aware of clothing produced by the fashion house including t-shirts and leggings bearing sections of Botticelli's larger work. Consequently, the Galleries appear to be suing the fashion house for damages that may exceed €100,000.
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