Italian courts rule on commercial use of cultural heritage images

Two recent Italian court rulings have reinforced that commercial reproduction of cultural heritage items requires prior authorization and payment of fees. In the first case, the Teatro Massimo in Palermo sued Banca Popolare del Mezzogiorno for using its image in an advertising campaign without permission. The Tribunal of Palermo, on September 21, 2017, found the bank liable for illegal reproduction and ordered damages, though lower than requested. The second case involved the unauthorized use of Michelangelo's David in promotional materials by travel agency Visit Today, which offered tours including access to the Galleria dell'Accademia in Florence. On October 26, 2017, the Tribunal of Florence partially upheld the MiBACT's request, ruling that lucrative reproduction of the David must be pre-authorized. Both decisions applied Article 108 of the Cultural Heritage Code, which grants the authority in charge of the cultural asset the right to authorize reproduction and set fees. However, no fee is due for personal use, study, or non-profit valorization. The Palermo case also raises the issue of freedom of panorama for publicly visible works, where regional or municipal regulations may impose additional fees, as seen in Rome's requirements for commercial filming and photography.