A fight to protect the dignity of Michelangelo's David raises questions about freedom of expression

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The current fight is over whether it's acceptable for memorabilia to focus on David's genitals, a much lampooned feature of the statue.

The current fight is over whether it's acceptable for memorabilia to focus on David's genitals, a much lampooned feature of the statue.FLORENCE, Italy — Michelangelo’s David has been a towering figure in Italian culture since its completion in 1504.

Legal action has followed to protect masterpieces at other museums, not without debate, including Leonardo's “Vitruvian Man,” Donatello’s David and Botticelli’s “Birth of Venus.” He pointed to Andy Warhol’s famous series inspired by Leonardo’s “Last Supper." “Are you going to prevent artists like Warhol from creating what is a derivative work?’’ Danziger asked. “Many people would view this as a land grab by the Italian courts to control and monetize artworks in the public domain that were never intended to be charged for.”

Court cases have debated whether Italy's law violates a 2019 European Union directive stating that any artwork no longer protected by copyright falls into the public domain, meaning that “everybody should be free to make, use and share copies of that work.” No matter how many lawsuits Hollberg has initiated — she won’t say how many — the proliferation of David likenesses continues.

 

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