The law of some countries, like Italy, explicitly grants museums and other cultural institutions exclusive reproduction rights over works of art exhibited or stored therein. In 2017, at the request of the Italian Ministry for Culture and Heritage, the Tribunal of Florence issued an injunction prohibiting a travel agency based in Italy from further using “in Italy and in the rest of Europe” an unauthorised reproduction of the “David”, a statue by Michelangelo, which the agency had included in its website and in advertising material distributed in Italy and abroad. The paper discusses the issues surrounding the protection of reproduction rights in cross-border cases under the Rome II regulation. It also hints at the advantages that the adoption of harmonised substantive standards at EU level regarding the exploitation of these rights would entail for the effective protection of cultural heritage, while giving due account to competing rights, such as the so-called freedom of panorama, i.e., the right to take and reproduce pictures of works of art located in, or visible from, a public place.
|Titolo tradotto del contributo
|[Autom. eng. transl.] To protect the rights of museums to reproduce their works of art in international legal transactions: Considerations regarding the decision of the Tribunale di Firenze of October 26th, 2017 regarding Michelangelo's "David"
|Numero di pagine
|IPRAX. PRAXIS DES INTERNATIONALEN PRIVAT- UND VERFAHRENSRECHTS
|Stato di pubblicazione
|Pubblicato - 2018
- Beni culturali
- Cultural property
- Diritto internazionale privato
- Private international law