David upgraded.... then sued...

[JamesVincent]

Think this one goes under the seriously? category.

http://www.nydailynews.com/news/world/m ... -1.1715702

ArmaLite's new advertisement features the Renaissance sculpture holding a rifle under the tagline of 'A work of art.' The Italian government has called the ad 'offensive' and 'completely illegal,' and has said it will take legal action against the Illinois-based arms maker if the ad is not pulled.

Italy's government is threatening legal action against a U.S. small arms company over an "offensive" advertisement showing Michelangelo's "David" holding a rifle.

Rome's culture minister Dario Franceschini has pleaded with Illinois-based ArmaLite to withdraw the promotion for a bolt-action rifle.

Thoughts? How do you "copyright" something that is several hundred years old?

[wserra]

Think this one goes under the seriously? category.

Not completely.

EU law gives the creator a copyright for life plus seventy years. Michelangelo died (per Wiki) in 1564. It would thus seem that David has been public domain for a few years. However, under the copyright laws of most European countries, Italy included, every time you take a picture of or reproduce a work of art, it is a new work, and the copyright period is renewed as to the reproduction. That is not, however, the law in the U.S. To the extent that foreign law is different from U.S. law, courts have held that the Berne Convention does not require it to be followed. E.g., Bridgeman Art Library, Ltd. v. Corel Corp., 36 F.Supp.2d 191 (SDNY 1999).

So: I think that James is right, a suit would not succeed in the U.S. It would, however, in Europe.

[JamesVincent]

So: I think that James is right, a suit would not succeed in the U.S. It would, however, in Europe.

So how would that work against an American company?