2 days ago
German court rules puzzle maker can use Da Vinci image
A German court ruled Wednesday that toymaker Ravensburger can use Leonardo da Vinci's drawing "Vitruvian Man" for its puzzles, in a setback for the Italian state and a Venetian gallery.
The Stuttgart Higher Regional Court dismissed a claim filed by Italy's Culture Ministry and the Gallerie dell'Accademia di Venezia and upheld an earlier ruling that favoured Ravensburger.
The Italian plaintiffs had demanded a licensing agreement for the commercial use of one of the Renaissance master's most famous drawings, despite the fact that he died more than 500 years ago, placing his works in the public domain under international copyright law.
The plaintiffs argued that a domestic law aimed at protecting Italy's cultural heritage meant they had the authority to demand agreements with those who profit from culturally significant artworks, even if they are based abroad.
After failed negotiations, the Italians obtained a preliminary injunction from a court in Venice that barred Ravensburger from selling the puzzle worldwide. Ravensburger then challenged the injunction in Germany.
Last year, a lower regional court in Stuttgart sided with Ravensburger, ruling that Italy's cultural protection laws could only be enforced in that country.
Rejecting the appeal, the Stuttgart court on Wednesday found that "German courts are neither bound by the prior decision of the Italian court nor prevented from making their own ruling on the matter".
The judgement is not yet final. The Italian plaintiffs can ask the German Federal Court of Justice for permission to appeal the ruling.
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