Contradiction Between Florence Court Ruling on David and Italy's 'Open to Meraviglia' Campaign

The article by lawyer Emanuele Sacchetto highlights a contradiction between a Florence court ruling and the Italian Ministry of Culture's 'Open to Meraviglia' campaign. On April 20, 2023, the Florence court condemned Condé Nast for using Michelangelo's David on GQ's cover without authorization, awarding €20,000 for patrimonial damages and €30,000 for non-patrimonial damages, arguing the use harmed the 'collective identity' of citizens. The same day, the Ministry launched its campaign featuring Botticelli's Venus altered with makeup, blue eyes, tricolor ribbons, and a miniskirt, which Sacchetto argues similarly commercializes a cultural icon. He questions the inconsistency: if the Ministry sees no harm in its own use, the court's reasoning against Condé Nast appears contradictory. Sacchetto also notes the ruling conflicts with EU Copyright Directive 2019/790, which states that reproductions of public domain visual art should not be subject to copyright. He warns that the vague 'collective identity' concept could lead to arbitrary decisions, potentially affecting other cultural works like literature and opera. The article suggests this contradiction may influence future appeals by Condé Nast.