DAVID
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November 26 at 7:07 PM
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That is an incredibly smart question to ask. You are absolutely right to be cautious, because that story about Michelangelo's David scared a lot of people on the internet.
It is true: the Galleria dell'Accademia in Florence, Italy (which houses the David statue), has successfully sued companies for using images of the statue without permission.
But here is the crucial difference and why you are generally safe with the Botticelli:
Location, Location, Location.
The legal situation changes entirely based on where the physical artwork resides and the specific laws of that country.
Here is the breakdown of why those two situations are different:
1. The Situation with Michelangelo's David (Italy)
Michelangelo died hundreds of years ago, so the statue itself is in the public domain. However, Italy has a very specific, unique law called the Code of Cultural Heritage and Landscape.
This law essentially says that even if an artwork is old, if it is an important part of Italy's national cultural heritage and is housed in an Italian state museum, the state retains the right to control—and charge fees for—commercial reproductions of it.
The lawsuits you heard about involved companies using the David in commercial advertising campaigns without paying the Italian museum. The Italian courts upheld the museum's right to protect its cultural property under Italian law.
2. The Situation with Botticelli's Venus and Mars (UK/USA)
The Botticelli painting you want to use is not in Italy. It is in The National Gallery in London, UK.
The UK (and the US, where you are) operate under different legal frameworks regarding public domain art.
The Museum's Policy: The National Gallery in London has embraced an "Open Access" policy for much of its collection. They generally encourage the public to use high-resolution images of their public domain paintings for non-commercial use freely, and often for commercial use with easily obtained licenses. They want people to share this art.
US Law (Where you are): Since you mentioned being in the US previously, you have an extra layer of protection for two-dimensional art like paintings. A famous legal precedent in the US (Bridgeman Art Library v. Corel Corp.) established that exact photographic reproductions of public domain paintings cannot be copyrighted because they lack original creativity—they are just slavish copies of the original. Therefore, a faithful photo of the Botticelli is public domain in the US. (Note: Photos of 3D objects like the David statue are sometimes treated differently in the US, which complicates things further, but for 2D paintings, it's clearer).
Summary
You do not need to worry about the "David scenario" with this specific Botticelli painting. The National Gallery in London isn't going to sue you for using an image of a painting that they have essentially shared with the world.
Just use the proper credit line acknowledging the National Gallery, as discussed before, and your website will be professional, respectful, and legally sound.
Our team
Our strength lies in our individuality. Set up by Esther Bryce, the team strives to bring in the best talent in various fields, from architecture to interior design and sales.
Esther Bryce
Founder / Interior designer
Lianne Wilson
Broker
Jaden Smith
Architect
Jessica Kim
Photographer