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-In 2004, a legislative decree known as the Code of Cultural Heritage and Landscape (the “CodiceUrbani”) was passed. AKA Cultural Heritage Protection Laws-The Ministry of Heritage and Cultural Goods (MiBAC) control permission to reproduce any cultural heritage good.Including digital reproductions (posting a photo on your blog for example)“direct responsibility for the management of a huge number of national heritage institutions, including 207 state museums, 213 monuments and archaeological sites, 46 libraries and 104 archives”,
“No fee is owed for reproductions requested by private individuals, for personal use for purposes of study, or by public bodies for purposes of enhancement” Mention of the shift to more localized control to the sorpitendenza
Wiki Loves Monuments is an international photo competition hosted by The Wikimedia Foundation.The purpose: to develop and document cultural heritage goods throughout the world, “particularly for the purpose of promoting a greater-spanning knowledge through the use of projects using 'open content'".
For example, Portugal has 9 distinguished monuments which require permission and/or fees to photograph or publish.
A CC+ plug-in framework to address institutions in Italy and Greece who want to use CC licenses to distribute reproductions of cultural heritage goodsThis would in effect:Reduce transaction costsEnforce a share-alike approach And/or preserve a stronger stream of licensing fees for such cultural institutionse.g. conditioning the validity of the CC+ agreement to the non-commercial use or simply to a low resolution of the images.
Italian Cultural Heritage Protection Laws- CC World Summit 2013
ITALIAN CULTURAL HERITAGE
ACCESSING DIGITAL COLLECTIONS OF
ARTAND CULTURAL GOODS
Nexa Center / CC Italia
August 24, 3013
• 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.
• 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
• the expected economic benefits coming
from the reproduction.
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
Accordo Quadro Agreement
• Legal negotiations and (eventual)
agreement written between Wikimedia Italia
• 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
• Over 12,000 photos of Italian cultural goods
were entered which are now available on Wiki
• 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.
Nicola D’Orta, con “Anfiteatro campano dell’Antica Capua”
(Santa Maria Capua Vetere)
“Fontana di Nettuno”
• 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
•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
say the use is allowed is x, y, and z steps
•Logistics: transaction costs to
calculate fees and grant permissions
are unnecessarily high.
Set standard costs for common uses.
• Identify and limit a
goods to be
the terms of
• Reproductions may be subject to the
application of a CC license + an ad hoc
agreement concerning the CHPLs,
identified by the cultural heritage
Sources and Acknowledgements
• Thanks to the Nexa Center for Internet and Society
• 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
This was presented at the 2013 Creative Commons World Summit in Buenos Aires.