We are deeply concerned about the implications of the Italian Ministry of Culture’s Decree titled “Guidelines for the determination of the minimum amounts of fees and charges for the concession of use of cultural heritage kept by national institutes and places of culture” (D.M. April 11, 2023, no. 161). We shared the opinion expressed by numerous entities in the sector, as referenced in the provided links below.
The Decree introduces minimum fees for the use of digital reproductions of the State’s cultural heritage, including works that are in the public domain. This decision has a detrimental effect on the promotion and dissemination of Italian cultural heritage globally, hindering the sharing of knowledge. These new guidelines represent a significant step backward as they contradict the fundamental principles of public enjoyment and enhancement of cultural heritage enshrined in the Italian Cultural Heritage Code (Legislative Decree No. 42 of January 22, 2004). Furthermore, these guidelines restrict the constitutional freedoms of research and expression. They call into question the rights of individuals to both “benefit from cultural heritage and contribute to its enrichment,” rights that are affirmed by the Faro Convention (Article 4). By imposing financial barriers on the use of cultural heritage images, the Decree undermines the accessibility and inclusivity that are crucial for research, education, and the advancement of knowledge.
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