RELIC

Collection

Rome and the Arena

The Rome you see in the cinema does not come from Rome: it comes from a painting of 1872, from mosaics with the result of the fight written in beside it, and from a cupboard of bronze helmets that surfaced at Pompeii in December 1766. This collection draws on those sources, not on the films. Here is where every piece comes from.

el Coliseo · el retiarius y el murmillo · SPQR · el águila de la legion · la corona de laurel · mosaico romano · Espartaco (histórico)

Author
Anónimos romanos (mosaístas, armeros, escultores) y sus copistas modernos: Giovanni Battista Piranesi, Jean-Léon Gérôme, Lawrence Alma-Tadema
Period
Siglos I a.C.–IV d.C., releídos entre 1748 y 1912
Works drawing on it
7

What you see in this collection

Smooth, rounded secutor helmets with two minute holes for the eyes; Thracian helmets topped with a griffin crest and a Medusa on the brow; greaves engraved with Jupiter, Neptune and Minerva; the retiarius's net and trident; the curved sica; the manica of leather wound round the arm. Around them, the oval of the amphitheatre seen from above, the hypogeum lying open like a honeycomb. And the lettering: beside each gladiator's name on the mosaics, a VICIT or a mark of death.

The 1872 painting that set Gladiator going

Jean-Léon Gérôme (1824-1904) painted Pollice Verso in 1872: a murmillo standing over a downed retiarius and, up in the box, the Vestals leaning out with their thumbs turned down. It hangs in the Phoenix Art Museum. Before Ridley Scott had so much as read the script of Gladiator, the producers put a reproduction of it in front of him.

“That image spoke to me of the Roman Empire in all its glory and wickedness. I knew right then and there I was hooked.”

In the film, Commodus spares Maximus with a thumb turned up. The entire choreography of the gesture comes off that canvas, not out of Rome: the Latin sources speak of a thumb turnedpollice verso — without saying which way, and no Roman document survives to confirm that downwards meant death.

The other line the genre lives on is his as well. Gérôme exhibited Ave Caesar! Morituri te salutant at the Salon of 1859; today it is in the Yale University Art Gallery. Suetonius records it exactly once, in his life of Claudius, and in different words — Have imperator, morituri te salutant — shouted by condemned men before a mock naval battle on the Fucine Lake in the year 52. They were not gladiators.

A fight with the score written in beside it

In the Roman Hispania room of the National Archaeological Museum in Madrid there is a third-century mosaic split into two scenes. Below, the retiarius Kalendio has thrown his net over the secutor Astyanax and is going at him with the trident while the lanista cheers the fight on. Above, the same fight already over: Kalendio down on the sand, Astyanax on his feet.

Beside the winner's name it reads VICIT. Beside the other there is an O struck through with a stroke: the theta nigrum, the Greek letter theta that Greek and Latin epigraphy used to mark the dead, almost certainly from thánatos. The museum itself also glosses it as an abbreviation of the Latin obiit, though that second reading is disputed. Whichever it means, the outcome is the same: he died. The mosaicists noted the ending down the way a clerk fills in a return.

The piece turned up in 1670 in the baths of a house on the Caelian Hill in Rome, passed through the collection of Cardinal Camillo Massimo and was bought by Charles III in the eighteenth century; it has been among the holdings of the National Archaeological Museum since 1867. The same convention appears on the Galleria Borghese mosaic — twenty-eight metres long, dug up in 1834 on the Torrenova estate on the Via Casilina — with the names inscribed and, next to some of them, that same mark of death, a theta.

The cupboard that came out of the ash in 1766

In December 1766 the excavators at Pompeii went into the square portico behind the stage of the large theatre. It had served as a place for the audience to stroll between acts until the earthquake of 62 left it unusable and it was converted into a gladiators' barracks. The campaigns of 1766 to 1768 brought out the whole kit, carefully stored away in two rooms.

Murmillo helmets with a herm of Hercules and Bacchic scenes in relief. A Thracian helmet with a griffin crest and a Medusa. Greaves with Jupiter, Neptune and Minerva. They are barely dented: this was parade armour, not fighting armour. It is in the National Archaeological Museum in Naples, and it is the catalogue the props departments have been copying from ever since.

The strangest design is the secutor's, and it is the only purely functional one: smooth, rounded, undecorated, with two tiny holes for the eyes. Round so the net could find nothing to catch on; the holes that small so the point of the trident could not get in. The helmet tells you who you were fighting.

The orchestra of the arena and two women with shields

The Zliten mosaic was found by the archaeologist Salvatore Aurigemma in October 1913, in a villa by the sea on the Libyan coast, near Leptis Magna. It is second-century and it orders the show by matched pairs of types: equites, retiarius against secutor, Thracian against murmillo, plus the hunts and the executions.

At one end is the thing almost nobody expects: the band. A woman plays a water organ and beside her the brass horns sound. The fights had live music, and we have its portrait.

In the British Museum there is a marble relief from Halicarnassus, present-day Bodrum. Two women gladiators squared up: long shield, greaves, arm guard, head bare. The Greek inscription gives their fighting names, Amazon and Achillia, and says they were missae: released with honour, whether because they finished level on their feet or because they were discharged from the trade. It is the only bout between women gladiators whose names we know.

From Piranesi's plate to the sound stage

Giovanni Battista Piranesi (1720-1778) engraved the Colosseum four times. The last, Veduta dell'Anfiteatro Flavio detto il Colosseo, dates from 1776 and fills a sheet of 76 × 101 cm: a bird's-eye view that opens the amphitheatre up as though it were a plan, with minute figures in the middle to make the scale land. Piranesi labelled the tiers, marking which social class sat in each.

The other supplier of images is Lawrence Alma-Tadema (1836-1912), who painted Romans on blinding white marble with a fanatical archaeological accuracy. Jesse Lasky Jr., co-writer of The Ten Commandments, recalled that Cecil B. DeMille would lay his plates out in front of the set designers to explain what he was after. That marble antiquity is the one in Intolerance (1916), Ben-Hur (1925) and Cleopatra (1934); Gladiator has been called an Alma-Tadema in half-light.

  • Quo Vadis (1913), by Enrico Guazzoni, from Sienkiewicz's novel of 1896: 5,000 extras and two hours of running time. It founded the genre.
  • Spartacus (1960) adapts Howard Fast's 1951 novel, which is still in copyright: nothing is taken from there. The revolt itself is told by Plutarch, in the Life of Crassus, and by Appian: that is where the gladiators of Lentulus Batiatus's school at Capua come from, cutting their way out in 73 BC with knives and roasting spits from the kitchen.
  • Centurion (2010) and The Eagle (2011) lean on the vanished Ninth Legion, a mystery popularised by Rosemary Sutcliff's novel in 1954 and steadily dismantled by archaeology: there are tile stamps of the legion at Nijmegen dated to around 120, after the supposed massacre in Caledonia.
  • Gladiator II (2024) floods the Colosseum, and that much has a textual basis: Cassius Dio reports that Titus staged a naval battle there in the year 80. How the arena was filled remains unresolved, and the sharks appear in no source at all.

The first Ben-Hur ran fifteen minutes and ended up in the Supreme Court

In 1907, two years after Lew Wallace died, the Kalem company shot a fifteen-minute Ben-Hur without asking anyone's permission. The chariot race was filmed at the Sheepshead Bay track in Brooklyn, with firemen from the local brigade driving the horses off the fire engines in front of a fairground backdrop.

Harper & Brothers, Wallace's son and heir, and the theatrical producers Klaw & Erlanger sued. On 13 November 1911 the Supreme Court of the United States ruled in Kalem Co. v. Harper Bros. (222 U.S. 55), in an opinion by Oliver Wendell Holmes: a film that reproduces the story of a novel is a dramatisation, and therefore infringes, and the production company is liable even though it is not the party exhibiting it.

That ruling invented film adaptation rights as they work today, and in passing it drew the exact line this collection exists on. On the other side of that line sit Wallace's novel, Sienkiewicz's, Piranesi's engravings and Gérôme's paintings: material that belongs to everyone now, and that anyone can work with without asking permission.

Where the designs come from

Fragment of a Floor Mosaic with a Personification of Ktisis
Fragment of a Floor Mosaic with a Personification of Ktisis · 500–550, with modern restoration record
Glass striped mosaic bowl
Glass striped mosaic bowl · early 1st century BCE record
Views of Rome:  The Colosseum
Views of Rome: The Colosseum · Giovanni Battista Piranesi (Italian, 1720–1778) · 1776 record
Gladiator armor recovered from Herculaneum and the gladiator barracks in Pompeii painting by F Mattej, 1854
Gladiator armor recovered from Herculaneum and the gladiator barracks in Pompeii painting by F Mattej, 1854 · F. Mattej artist, Fausto and Felix Niccolini editors; · 1854 record
Gladiator helmets recovered from Herculaneum and the gladiator barracks in Pompeii painting by F Mattej, 1854
Gladiator helmets recovered from Herculaneum and the gladiator barracks in Pompeii painting by F Mattej, 1854 · F. Mattej artist, Fausto and Felix Niccolini editors; · 1854 record
Ornate Roman gladiator helmet with relief including an eagle and Priapus found in the gladiator barracks in Pompeii 1st century CE 02
Ornate Roman gladiator helmet with relief including an eagle and Priapus found in the gladiator barracks in Pompeii 1st century CE 02 · Mary Harrsch · 1st century CE record
The Colosseum, Exterior title QS:P1476,en:"The Colosseum, Exterior " label QS:Len,"The Colosseum, Exterior "
The Colosseum, Exterior title QS:P1476,en:"The Colosseum, Exterior " label QS:Len,"The Colosseum, Exterior " · anonymous · between 1546 and 1590 date QS:P,+1550-00-00T00:00:00Z/7,P131 record
Colosseum exterior - 2021
Colosseum exterior - 2021 · Jarrod Zenjiro · 2021-10-04 12:39:56 record
Colosseum exterior 2005
Colosseum exterior 2005 · Radosław Botev · 2005-01 record
Colosseum exterior levels
Colosseum exterior levels · Ethan Doyle White · 2016-11 record
Gladiator shin guard depicting the goddess Athena from the gladiator barracks in Pompeii 1st century CE
Gladiator shin guard depicting the goddess Athena from the gladiator barracks in Pompeii 1st century CE · Mary Harrsch · 1st century CE record
Gladiator shin guard with relief of Hercules found in the gladiator barracks in Pompeii 1st century CE 02
Gladiator shin guard with relief of Hercules found in the gladiator barracks in Pompeii 1st century CE 02 · Mary Harrsch · 1st century CE record
Ornate Roman gladiator helmet with relief including an eagle and Priapus found in the gladiator barracks in Pompeii 1st century CE 01
Ornate Roman gladiator helmet with relief including an eagle and Priapus found in the gladiator barracks in Pompeii 1st century CE 01 · Mary Harrsch · 1st century CE record

Reading

Works drawn from this source

Why this can be used

The mosaics, the reliefs and the helmets have no owner: they are eighteen hundred years old and there were never any rights to expire. What does have to be dated are the modern engravers and painters. In Spain the governing rule is the fourth transitional provision of the Spanish Intellectual Property Act (the texto refundido de la Ley de Propiedad Intelectual): anyone who died before 7 December 1987 keeps the 80 years granted by the Spanish law of 1879; anyone who died after that date, 70. Under article 30 the term runs from the 1 January following the death. Piranesi died in 1778. Gérôme died on 10 January 1904: free since 1 January 1985 even on the longer term. Alma-Tadema died on 25 June 1912: free since 1993. Lew Wallace died on 15 February 1905, so Ben-Hur has belonged to everyone since 1986, and Henryk Sienkiewicz died on 15 November 1916, which puts Quo Vadis there since 1997. And a faithful photograph of a work that is already free does not close it off again: article 72 of Spain's Real Decreto-ley 24/2021 — which transposes article 14 of Directive 2019/790 — states that reproducing a public-domain visual artwork generates no new rights, unless the reproduction is original in its own right. Nothing is taken from the modern films: the designs come from the engravings, the paintings and the archaeological pieces.

RELIC does not sell official merchandise of any film or series. The designs are our own and come from works whose rights have expired. Legal notice.