Last April, the Italian Ministry of Culture issued a decree (Decree No. 161 of April 11, 2023, hereinafter the “Decree”) containing a set of guidelines for the determination of the minimum fees for the exploitation of assets under the custody of Italian institutions such as inter alia public museums, archives and libraries (“Linee guida per la determinazione degli importi minimi dei canoni e dei corrispettivi per la concessione d’uso dei beni in consegna agli istituti e luoghi della cultura statali”).

Despite the generic wording of the title, the Decree provides for specific criteria of calculation and minimum amounts of fees due for two different categories of activities:

(a) the reproduction of the so called “cultural heritage assets” pursuant to article 108, paragraph 6 of the Italian Cultural Heritage and Landscape Code (Legislative Decree of January 22, 2004, n. 42, hereinafter the “Italian Cultural Heritage Code”) and

(b) the use of the spaces where cultural heritage assets are located.

Reproduction of cultural assets

As it regards the first category, it is worth highlighting that under the system designed by the Italian Cultural Heritage Code any reproduction having a commercial purpose of Italian assets of cultural, artistical or historic interest falling within the definition of “cultural heritage assets” (as set forth in artic...