Reproductions of cultural property, discipline finally changes: increased gratuities

The cultural heritage sector can finally breathe a sigh of relief: the Ministry of Culture has in fact widened the mesh on the matter of reproduction of images of cultural heritage, publishing a ministerial decree, number 108 of March 21, 2024, which introduces a series of exemptions on the payment of fees for reproductions. The decree intervenes to amend Minister of Culture Decree Number 161 of April 11, 2023, which had reformed the matter. Last year’s decree, in particular, launched some guidelines for the determination of minimum amounts of fees and charges for the concession of use of the goods on consignment to state cultural places: the purpose of the Ministry was to bring order by establishing fees for every eventuality, thus both for the reproduction of images and for the rental of the rooms of cultural places.

However, the part on reproductions had been much contested, mainly for two reasons: the mechanism of the process of identifying fees, which was considered cumbersome and unresponsive to the needs of today’s digital society, and the limitation of exemptions. Initially, in fact, it seemed that even usually exempt subjects, such as scientific journals, would have to pay, leaving free of charge only for reproductions that are not for profit and are intended for activities of study, free manifestation of thought or creative expression, and promotion of knowledge of cultural heritage. The MiC had then intervened, through the head of the legislative office Antonio Tarasco, explaining that the fees would not apply to scientific journals and academic theses.

However, the clarifications were not enough, so much so that there were numerous appeals from grassroots associations, and a heated debate. Finestre Sull’Arte also devoted ample coverage to the discussion, hosting, first in the print and then in the online version, speeches by Andrea Brugnoli, Roberto Caso, Deborah De Angelis, Gloria Gatti, Daniele Manacorda, Anna Maria Mauro, Iolanda Pensa, Stefania Ventra, Giuliano Volpe, and the Digital Culture Heritage Group of ICOM Italy on the issue of reproductions of images of works of art and the consequences of the April 2023 decree.

Let’s look specifically at what the new regulations, which completely replace those introduced by last year’s decree, provide. Meanwhile, the new guidelines are updated on Italy’s transposition (by Legislative Decree no. 200 of 2021, which was not mentioned in the April 2023 guidelines), of the European Union’s Directive 2019/1024 on the reuse of data produced by public administration, which states to encourage the reuse of public administration data as much as possible, establishing that free reuse, including for commercial purposes, can be strategic for the social and cultural development of the countries of the Union (museums and archives, however, it should be noted, may charge fees in order to be able to finance digitization activities, and it is given to member states to regulate the collection of fees).

The new decree introduces a new paragraph stating that reproductions of images of cultural property contained in publications that are freely accessible by anyone (“open access”) are considered free, since they are intended for “study, research, free expression of thought or creative expression, and promotion of the knowledge of cultural heritage,” as they do not have a cover price. Again, another novelty, the categories of reproductions that are entitled to gratuitousness are specified : 1. reproductions of cultural goods and their reuse for volumes that are recognized by the granting body as having a scientific (volume contributions, proceedings of national and international conferences) and academic character; 2. reproductions of cultural goods and their reuse for volumes and journals that are recognized by the granting body as having a popular and educational content; 3. reproductions of cultural goods and their reuse for catalogs of art, exhibitions and cultural events with a print run of up to 4,000 copies; 4. reproductions of cultural goods and their reuse for scientific and Class A journals on the lists of the National Agency for the Evaluation of the University System and Research (ANVUR); 5. reproductions of cultural goods and their reuse for publications in newspapers and periodicals in the exercise of the right-duty of reporting; 6. reproductions of cultural goods and their reuse intended for publications freely accessible by anyone without payment of a price (“open access”); 7. reproductions of cultural goods made independently by anyone (such as students, scholars, researchers, university professors) carried out for non-profit purposes and not intended for sale; 8. reproductions of cultural goods and their reuse for the creation of exhibition, scientific, educational and popular materials of exhibitions and cultural events organized by a body of the Ministry or by public and private entities for the purpose of enhancing cultural heritage implemented on a non-profit basis.

Those requesting an image will, however, be required to reimburse any expenses incurred by the administration in carrying out the reproductions, and reimbursement will concern only the out-of-pocket costs in relation to the request for reproduction and for supply. No reimbursement will be due for reproductions already available online that remain freely downloadable and for those performed directly by private individuals.

At the same time, the fees for those who will have to pay will change and especially update. For example, on digital images, the previous decree distinguished only between black-and-white and color photographs and between low and high resolution. Now, however, the distinction is on photo quality: for web (72 dpi), for print (300 ppi), ultra-high resolution (gigapixels), RTI and 3D capture. Also revised upward are the multipliers, i.e., the coefficients that raise the price of reproduction based on purpose (e.g., 1.5 for art catalogs - previously the coefficient for trade publishing was 1 - 5 for cover publications, etc.).

A new decree, then, which intervenes with long-awaited changes to the measure that was strongly criticized last year and offers professionals a tool that is certainly more up-to-date.

Photo: Sandro Nardoni

Reproductions of cultural property, discipline finally changes: increased gratuities

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