Abstract

The article analyzes the Italian law regarding the concession and the reproduction of public cultural heritage. Moving from the traditional theory of cultural goods, the author highlights the possibility of reconciling the economic valorization of the Italian cultural heritage with the traditional functions of protection and “classicµ valorization of cultural assets. The search for a balancing between these functions has seen improvements in the Decree of Italian Ministry of Culture 11th April 2023, n. 161/2023, which has been significantly emended by the recent Decree of Italian Ministry of 21st March 2024, n. 108, thoroughly analyzed in the present work. The last Decree moved an important step forward the liberalization (at least, for the use intended for cultural reasons) of the images of cultural goods entrusted to state cultural institutes, but perhaps it made a mistake in removing the previous determination of minimum amounts of fees for the concession of use. The article analyzes both the advantages and the downsides of the recent ministerial legislation, proposing perspective corrective measures for the future.