The document summarizes Italian Cultural Heritage Protection Laws regarding accessing digital collections of art and cultural goods. It discusses how in 2004 laws were passed requiring permission from the Ministry of Heritage and Cultural Goods to reproduce any cultural goods. Permission is granted on a case by case basis depending on factors like ownership and intended use. It describes the successful Wiki Loves Monuments photo competition that resulted in over 12,000 photos, but an unresolved issue is allowing open licensing of photos. Suggestions include limiting specific works under protection laws and allowing reproductions with a CC license plus agreement regarding the laws.

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