This was presented at the 2013 Creative Commons World Summit in Buenos Aires.

1. ITALIAN CULTURAL HERITAGE
PROTECTION LAWS:
ACCESSING DIGITAL COLLECTIONS OF
ARTAND CULTURAL GOODS
Angelica Tavella
Nexa Center / CC Italia
August 24, 3013

2. The Policy
• 2004: the Code of Cultural Heritage and
Landscape (“Codice Urbani”) is passed.
The Ministry of Heritage and Cultural Goods
(MiBAC) control permission to reproduce any
cultural heritage good.

3. The Policy
• Permission is granted by local authorities
(“sorpitendenzas”) on a case by case basis.
• The fee for a reproduction is dependent on:
• who is in control of the cultural good (if it is
not owned by the State),
• the purpose of the reproduction,
• where and when the reproduction will be
used,
• the expected economic benefits coming
from the reproduction.

4. The Case of
Wiki Loves Monuments
• Began in 2011
• Resulted 168,208 submissions to Wiki
Commons, from 18 countries
• Largest photo competition in the world
• All photos under CC-BY-SA license

6. Accordo Quadro Agreement
• Legal negotiations and (eventual)
agreement written between Wikimedia Italia
and MiBAC.
• Only “lesser known” goods could be used
in the contest.
• It must be publicly acknowledged that the
good remains property of MiBAC.
Source: interview with lawyer Avv. Deborah De Angelis

7. Outcomes
• Over 12,000 photos of Italian cultural goods
were entered which are now available on Wiki
Commons.
• People all over the world are able to view and
learn about these monuments
• MiBAC’s goal of increasing visibility of
Italy’s lesser-known goods succeeds.

8. Nicola D’Orta, con “Anfiteatro campano dell’Antica Capua”
(Santa Maria Capua Vetere)

9. Giacomo Barbaro,
“Fontana di Nettuno”
(Bologna)

11. Unresolved Issue:
• No compatible solution to allow photos of
Italian cultural goods to made available
under CC (or any other) open license.
• This includes the Wikimedia Commons,
Europeana, or any other digital cultural
organization aiming to promote cultural
heritage.

12. Conclusions
•Legislation: Should be presented in a
more pro-culture manner, not the
current anti-share imposition.
Instead of saying the said use is
prohibited unless a, b, and c steps are
taken,
say the use is allowed is x, y, and z steps
are taken.

13. Conclusions
•Logistics: transaction costs to
calculate fees and grant permissions
are unnecessarily high.
Set standard costs for common uses.

14. Suggestions
• Identify and limit a
few specific
works/ cultural
goods to be
protected under
the terms of
Cultural Heritage
Protection Laws.

15. Suggestions
• Reproductions may be subject to the
application of a CC license + an ad hoc
agreement concerning the CHPLs,
identified by the cultural heritage
institution.

16. Sources and Acknowledgements
• Thanks to the Nexa Center for Internet and Society
• Interviews
• Deborah De Angelis- lawyer who wrote the “Accordo Quadro”
• Resources and information from Director and affiliates of
the Nexa Center
• Federico Morando- Director
• Stefano Costa- Archeologist