WHow frankly can fashion make use of art? In Italy there is a clear legal situation for this. So it is that the Uffizi is now suing the fashion house Jean Paul Gaultier. The French luxury label has adorned its collection with Sandro Botticelli’s “Birth of Venus”. Details of the Renaissance painting, a centerpiece of the Florentine museum, were featured on T-shirts, leggings and other clothing items the French fashion house promoted on its Instagram account in April.
The image, created in the late 15th century, would not have been objectionable to use had Gaultier asked permission and paid for it. In Italy, the use of art in the public domain is subject to permission rules, which also specify copyright fees. The Uffizi now want to get them with their lawsuit. “There is still no clarity as to the amount of compensation demanded, since Gaultier first has to disclose the circulation, sales price and so on,” says Eike Schmidt, director of the Uffizi, at the request of the FAZ the total is in the five-digit range.”
Active monitoring is carried out using analytics programs to detect such violations. Again and again, the museum receives tips from citizens, “because the concern about a possible unlawful use of public art property by private actors is firmly anchored in the Italian population”. Nevertheless, this case is a rarity, because the legal situation is generally well known in the fashion industry and is usually followed. Warning letters have often been followed by an amicable agreement with the company. However, since Gaultier did not respond to such a letter in April this year, the museum has now filed a lawsuit.