Velázquez portrait used as balsamic vinegar trademark leads to conviction

An Italian balsamic vinegar producer has been convicted on appeal for unauthorized use of Diego Velázquez's portrait of Duke Francesco I d'Este, owned by the Galleria Estense in Modena, as a trademark on its products. The Bologna Court of Appeal ruled that cultural goods have a right to their image under Italian law (Articles 107-108 of Legislative Decree 42/2004), similar to a person's image right, and that unauthorized reproduction for commercial purposes is illegal without administrative authorization and payment of fees. The court emphasized that allowing market dynamics to affect cultural goods would diminish their value as recognized by the legislature. The ruling reaffirms that only an administrative authorization can remove the restriction on private economic activity, after a technical-discretionary assessment of compatibility with the cultural destination of the work. The decision is expected to spark debate as it grants proprietary protection akin to copyright to public-domain works, raising questions about how authorities will evaluate commercial uses of cultural images and whether what belongs to everyone can be legitimately owned by someone.