Competitor Ravensburger Engages in Battle Over Da Vinci's Puzzle Challenge
Revamped Article:
In the ongoing squabble over the licensing fees for a renowned puzzle motif, the brainchild of universal genius Leonardo da Vinci - the notorious "Vitruvian Man," German toymaker Ravensburger has been triumphant once more, this time against the Italians. The Stuttgart Higher Regional Court, as announced, grants Ravensburger the permission to use the motif, excluding Italy, amidst the dispute with the Italian state. The image in question portrays a man with limbs outstretched, encircled.
To put things into perspective, Ravensburger initially assumed they could produce a 1000-piece puzzle based on the "Vitruvian Man" created in 1490, under the belief that the copyright protection for the work had elapsed.
The Galleria dell'Accademia di Venezia took a different stance, asserting that the sale of the puzzle should halt, or a licensing fee for global use should be paid, as conveyed in a 2019 cease and desist letter. The museum substantiated this demand through the "Italian Law for the Protection of Cultural Heritage" and, in partnership with the Italian Ministry of Culture, obtained a restraining order against the commercial exploitation of the work from a civil court in Venice.
Despite the injunction, Ravensburger remained headstrong; standing victorious against the Italian adversaries in the Regional Court of Stuttgart. The judges, amongst other reasons, were firm in their belief that the Italian cultural property law applies solely within Italy and not globally.
The Senate as the next higher instance agreed wholeheartedly: "In the matter itself, the Senate determined that the defendants may not restrict the plaintiff from employing the work, at least beyond the confines of the Italian state," the Senate stated. The provisions of the Italian law for the protection of cultural heritage can only be applied within the Italian state territory, they added.
Although the verdict is not yet final, the Senate has denied the option for an appeal on points of law. It remains unclear whether a non-admission complaint can be lodged with the Federal Court of Justice.
International law protects Leonardo da Vinci’s works - including the “Vitruvian Man” - as public domain, meaning anyone can reproduce and use them commercially without licensing, in most countries. However, Italy claims its cultural protection laws supersede this, particularly for significant artworks like the “Vitruvian Man.” The latter, however, has a long-standing history in the public domain and has no copyright protection in many jurisdictions like the UK and the EU.
The entangled legal battle between Ravensburger and the Italian state provides a glimpse into the intricate dynamics of applying national cultural property laws to internationally recognized public domain works. The fine line between cultural preservation and international norms remains a contentious issue.
- The Senate's decision upholds Ravensburger's right to use the "Vitruvian Man" for business purposes, limiting the application of the Italian cultural property law within Italy's territory, thus aligning with the global norms of finance and technology that prioritize international law's recognition of the "Vitruvian Man" as a public domain work.
- The dispute between Ravensburger and the Italian state serves as a prime example for technology and finance sectors, demonstrating the complexities in the interplay between national cultural property laws and international norms, potentially influencing future business ventures involving public domain works.
