Abstract

The subject of the use of public cultural heritage images has long been tangled in a clutter that is difficult to unravel. A first level, which concerns the provision of the image or its direct execution (nowadays easily accessible thanks to new technologies), is superimposed by a second level, which concerns the use of the image, which is still prevented when it is related to commercial activities. A third level, which claims to assess the content (aesthetic, ethical, cultural...) of forms of use, enters the sphere of freedom of expression with censorial purposes. In the recent decree 161 of the Minister of Culture, these three planes are paradigmatically confused and generate the confusion of which they are in part the product.