In Italy, the legal framework governing art and cultural heritage is structured around both general civil law principles and specific regulations aimed at protecting cultural assets and intellectual property.

The Italian Civil Code (Codice Civile) provides the general principles applicable to the art market, covering ownership, sales and contractual remedies.

• Article 1470 et seq: regulates contracts of sale, outlining the seller’s obligation to deliver the agreed-upon item and the buyer’s obligation to pay the price. These provisions apply to art transactions, including private sales and auctions.
• Article 1490 et seq: establishes warranties against defects, relevant when an artwork turns out to be fake or misattributed. Buyers may seek contract termination or price reduction.
• Article 812 et seq: defines movable and immovable property, with artworks generally classified as movable property, except in cases where they are permanently incorporated into a building (eg, frescoes).
• Article 816: recognises art collections as universalità di mobili (universality of movable goods), which has implications for succession law and contractual agreements.
• Article 2033 et seq: regulates unjust enrichment, which can apply when an artwork is sold based on incorrect attribution or pricing errors.

Special Legislation on Cultural Heritage and Copyright

Cultural Heritage and Landscape Code, Legislative Decree No 42/2004 (Codice dei Beni culturali e del paesaggio – CBC)

This is the cornerstone of Italian art law, regulating the protection, circulation and exportation of cultural property. Key provisions include:

• recognition of cultural interest – certain artworks, due to their historical, artistic or archaeological significance, may be subject to restrictions on sale and exportation;
• export control – private owners must obtain ministerial authorisation before exporting artworks older than 70 years if valued above certain thresholds; and
• right of pre-emption (diritto di prelazione) – the Italian State has the first right to acquire cultural assets put up for sale.

Law No 633/1941 on Copyright Protection (Legge sui diritti d’Autore – LDA)

This law governs intellectual property rights related to artistic works. Key aspects include:

• moral and economic rights – artists retain moral rights over their works, ensuring proper attribution and protection against distortion; and
• droit de suite (resale right) – artists (or their heirs) receive a percentage of resale proceeds when their artworks are sold at auctions or through galleries.

Key Authorities

Ministry of Culture (Ministero della Cultura – MiC)

This oversees the protection and management of Italy’s cultural heritage, enforcing compliance with heritage laws and regulating the exportation of artworks.

Superintendencies of Cultural Heritage (Soprintendenze per i Beni Culturali – SBC)

This is responsible for assessing, classifying and enforcing the restrictions, ensuring that such assets are properly preserved and do not leave the national heritage system without adequate safeguards.

Carabinieri Command for the Protection of Cultural Heritage (Comando Carabinieri per la Tutela del Patrimonio Culturale – TPC)

This specialised unit fights against art crimes, focusing on stolen artworks, illicit trafficking and fraudulent transactions in the art market.

Italian Society of Authors and Publishers (Società Italiana degli Autori ed Editori – SIAE)

This manages copyright-related matters, ensuring that artists receive royalties for the use and reproduction of their works.

This integrated legal framework ensures both the protection of Italy’s cultural heritage and the regulation of art transactions, aiming at the balance of private ownership rights with public interest in cultural preservation.

In Italy, artists enjoy a comprehensive legal framework that protects their rights over their creations. These rights are primarily regulated by the previously mentioned LDA and are supplemented by provisions of the Italian Civil Code and EU Directives. The rights of an artist over a piece of artwork can be divided into moral rights and economic rights.

Moral rights protect the personal and intellectual bond between the artist and their work. These rights are non-transferable and perpetual, meaning that they cannot be waived or assigned, and they remain even after the artwork is sold or after the artist’s death, being enforceable by their heirs or designated legal representatives.

The key moral rights include the following.

• Right to attribution (Diritto alla Paternità dell’Opera – Article 20, LDA): the artist has the right to be recognised as the creator of the work and to prevent any false attribution. Even if they transfer the economic rights, the artist retains authorship recognition.
• Right to integrity (Diritto all’Integrità dell’Opera – Article 20, LDA): the artist can oppose any modification, distortion or destruction of the work that might harm their reputation or artistic integrity. This includes changes made by a buyer, gallery or museum.
• Right to repudiation (Diritto di Ritiro – Article 142, LDA): in exceptional cases, the artists can withdraw their work from the market if they believe that its exhibition or use harms their reputation. However, they must compensate any party who has acquired rights over the artwork.

In contrast, economic rights grant the artist exclusive control over the commercial exploitation of their work. Unlike moral rights, they can be transferred, licensed or inherited, but they expire 70 years after the artist’s death (Article 25 LDA).

The main economic rights include the following.

• Right of reproduction (Diritto di Riproduzione – Article 13, LDA): the artist has exclusive control over the copying, printing and digital reproduction of the artwork. Unauthorised reproduction – whether physical (eg, prints, posters) or digital (eg, NFTs, online copies) – is prohibited unless licensed by the artist.
• Right of distribution (Diritto di Distribuzione – Article 17, LDA): the artist controls how the original or copies of the artwork are sold, rented or otherwise transferred. Once an artwork is sold for the first time, the artist loses direct control over further sales unless resale rights apply.
• Right of public display and communication (Diritto di Comunicazione al Pubblico – Article 16, LDA): the artist has the right to authorise or prevent the public exhibition of their work in museums, galleries or online platforms.
• Right of adaptation (Diritto di Elaborazione – Article 18, LDA): the artist has exclusive rights over modifications, transformations or derivative works (eg, translations, remixes, reinterpretations, AI-generated modifications).
• Droit de suite/resale right (Diritto di Seguito – Article 144, LDA, implementing Directive 2001/84/EC): this right ensures that artists receive a percentage of the resale price when their artwork is resold through an auction house, gallery or art dealer, provided the resale value exceeds EUR10,000.

While the SIAE ensures that artists receive royalties from their works’ public use, the artists themselves can enforce their rights through legal action, requesting injunctions, seizure of unauthorised reproductions, and damages for infringement.

Copyright law for artworks created by multiple authors is governed by the previously mentioned LDA. This law distinguishes between collective works (opere collettive) and collaborative works (opere in comunione), defining the rights and responsibilities of each contributing author.

A collective work is an artistic creation where multiple authors contribute distinct and autonomous elements, which are then assembled under the direction of an individual or entity responsible for the final work. Typical examples include encyclopedias, periodicals, anthologies and curated exhibitions.

According to Article 3 of the LDA, collective works are protected as independent creations, resulting from the selection and co-ordination of the contributions.

• Economic rights (Diritto di utilizzazione economica – Article 38, LDA): unless otherwise agreed, the economic rights belong to the entity or individual organising the collective work (eg, the publisher, curator or editor). This means they hold the exclusive right to exploit the final work commercially.
• Individual authors’ rights: authors of individual contributions retain the right to use their work separately, provided that this does not harm the integrity of the collective work.

This type of structure is particularly relevant in the publishing, film and museum sectors, where works are often composed of multiple distinct inputs.

A collaborative work (opera in collaborazione) is a work jointly created by multiple authors, where each contribution is indistinguishable from the others. Examples include jointly painted artworks, sculptures or co-created digital media.

• Co-ownership (Comunione dei Diritti – Article 10, LDA): by default, all co-authors jointly own the copyright to the work. Any commercial exploitation requires unanimous consent unless otherwise agreed.
• Independent use of contributions: if parts of the work are clearly separable, each co-author may exploit their respective section independently, provided this does not undermine the value of the entire work.
• Dispute resolution and judicial authorisation: if a co-author unjustifiably refuses to allow the use of a collaborative work, the judge can intervene and grant authorisation under fair conditions.

This framework ensures that artistic collaborations remain legally protected while maintaining a balance between joint ownership and individual rights.

From a practical standpoint, to avoid legal uncertainties, clear contractual agreements between co-authors are highly recommended. These should define the following:

• usage rights – who controls the exploitation of the work, and under what conditions;
• revenue sharing – how profits from sales or licensing will be distributed among the authors; and
• moral rights protections – ensuring proper attribution and preservation of the artistic integrity of the work.

In the absence of a written agreement, conflicts may arise over who holds the rights and how the work can be used, leading to legal disputes. Artists engaging in collaborative projects should therefore structure their agreements carefully with a legal counsel, ensuring that expectations are set from the outset.

Under Italian law, copyright infringement is subject to civil, administrative and criminal consequences, depending on the nature and scope of the violation. The legal framework is primarily based on the LDA, which safeguards both the economic and moral rights of artists. Additionally, the Italian Civil Code, EU Directives and relevant international treaties provide further legal instruments. The consequences of infringement vary based on:

• the type of infringement (unauthorised reproduction, distribution, modification or public display);
• whether the infringement involves commercial exploitation or is non-commercial; and
• the extent to which moral rights (such as attribution and integrity) have been violated.

Italian law provides a structured approach to copyright enforcement, as follows.

• Assessment of infringement: determining whether a copyright violation has occurred involves analysing originality, substantial similarity and bad faith. Courts evaluate whether the work has been unlawfully copied or altered in a way that constitutes infringement.
• Civil remedies: the rights-holder can seek injunctions, financial compensation and the removal of infringing works. Damages can be calculated based on actual losses, loss of profits, unjust enrichment or other items of compensation.
• Criminal liability: in cases of deliberate and large-scale infringement, Italian law provides for fines and imprisonment, particularly for unauthorised commercial exploitation.

Given the severe legal implications, it is essential for artists, galleries and collectors to understand their rights and take proactive measures to prevent infringement and enforce their legal protections with the aid of a legal counsel.

Under Italian law, copyright protection is automatic upon the creation of an original artwork and does not require formal registration. However, artists may choose to register their work for evidentiary purposes in case of future disputes.

Automatic Copyright Protection

Under the LDA, an artwork is protected from the moment it is created and fixed in a tangible medium. No official registration is required for copyright to exist, meaning artists automatically hold exclusive rights to reproduce, distribute and modify their work.

Voluntary Registration Options

Although not mandatory, artists may register their artwork with certain institutions to establish proof of authorship and creation date, which can be useful in legal disputes. Options include the following.

SIAE

Artists can deposit their work in the Public Registry for Literary and Artistic Works (Sezione OLAF – Opere Letterarie e Arti Figurative) to obtain an official time-stamped record. This registration is not a substitute for copyright but serves as evidence in cases of plagiarism or infringement.

Blockchain and NFT-based registration

Digital tools such as blockchain technology and non-fungible tokens (NFTs) are increasingly used to establish authorship and provenance. By registering an artwork on a blockchain, artists create an immutable, time-stamped record that can help prove ownership.

Private copyright registries and notarial deposits

Artists may deposit their work with private registries or a notary public (notaio) to obtain a legally certified timestamp. This option is often used for high-value artworks or when formal documentation is needed for contracts.

While not legally required, registering an artwork provides:

• evidence of authorship and date of creation, useful in infringement cases;
• stronger protection in disputes, particularly when proving prior ownership;  and
• easier transfer of rights in commercial agreements or estate planning.

Although Italian copyright law does not require formal registration, artists and rights-holders often use alternative registration methods to strengthen legal protection, particularly in cases where the work is at risk of plagiarism or unauthorised reproduction.

The resale right (droit de suite) is a legal provision that grants artists and their heirs a percentage of the resale price of their works when they are sold in the secondary market. This right, enshrined in Articles 144–155 of the LDA, ensures that creators benefit from the increasing value of their works as they gain recognition and demand in the art market. The provision aligns with EU Directive 2001/84/EC, which harmonised resale rights across EU member states.

In Italy, droit de suite applies exclusively to original artworks, including paintings, sculptures, drawings, engravings and photographs, provided they are created by the artist or exist in limited, signed editions. The right applies only to resales conducted through professional intermediaries, such as auction houses, galleries and art dealers, and does not extend to private sales between individuals. This ensures that the law primarily targets commercial transactions where artworks are likely to appreciate in value.

The resale right entitles the artist or their heirs to a royalty based on the resale price, calculated on a progressive scale with declining percentages as the price increases. The applicable rates are:

• 4% on the portion of the sale price up to EUR50,000;
• 3% on the portion from EUR50,000 to EUR200,000;
• 1% on the portion from EUR200,000 to EUR350,000;
• 0.5% on the portion from EUR350,000 to EUR500,000; and
• 0.25% on the portion exceeding EUR500,000.

This royalty is non-transferable during the artist’s lifetime, meaning that the artist cannot waive or assign it. However, after the artist’s death, the right transfers to their heirs or designated beneficiaries, who can claim it for 70 years following the artist’s passing.

The SIAE is responsible for collecting and distributing resale royalties in Italy. Auction houses and galleries handling eligible transactions must report and remit the applicable royalties, ensuring compliance with the law. If an intermediary fails to declare or pay the resale royalty, the artist or heirs may pursue legal action to recover unpaid sums, potentially claiming damages for non-compliance.

The introduction of resale rights has been essential in ensuring that artists continue to benefit from their works’ market appreciation, rather than only the initial sale price. However, the regulation remains controversial in some markets, as opponents argue that it creates financial burdens for galleries and dealers, potentially discouraging investment in emerging artists. Despite these concerns, droit de suite remains a fundamental protection for artists, reinforcing their long-term financial interest in their creative output.

In Italy, the use of images of artworks protected by copyright is strictly regulated under the LDA. Any reproduction, distribution or public display of an artwork generally requires prior authorisation from the copyright holder, unless an exception applies.

Before seeking permission, it is essential to determine who owns the copyright:

• living artists – the copyright is held by the artist, all life long;
• deceased artists – copyright is inherited by the artist’s heirs or estate until 70 years after the artist’s death;
• art foundations or collecting societies – some artists transfer their rights to foundations or organisations (eg, the SIAE in Italy); and
• museums and public institutions – if an artwork is owned by a museum or a public entity, they may impose restrictions on the reproduction of images, even if copyright has expired.

To use an image of a copyrighted artwork, the following steps should be taken: the copyright holder should be contacted, and a licence agreement should be in place. The terms of use are usually outlined in the licence agreement, specifying:

• the purpose of use (eg, commercial, educational, academic);
• the duration of permission;
• the geographical scope of the licence; and
• the royalty or licensing fee, if applicable.

For many artists, the SIAE manages copyright licences. Requests must be submitted through the SIAE, specifying the intended use and distribution.

Certain uses of copyrighted images do not require prior authorisation, under fair use exceptions:

• private use (Article 68, LDA) – personal, non-commercial use of an artwork’s image does not require permission; and
• educational and scientific use (Article 70, LDA) – reproductions used for teaching, research or criticism are allowed if they do not harm the commercial interests of the artist.

If an image is used without proper authorisation, the copyright holder may:

• request the immediate removal of the unauthorised reproduction;
• demand financial compensation for damages; and
• initiate legal action, potentially resulting in injunctions, fines and destruction of unauthorised reproductions.

Even if an artwork is in the public domain, museums and institutions that own the physical piece may impose contractual restrictions on photography and reproduction. For example:

• State-owned museums (eg, Galleria degli Uffizi, Vatican Museums) may charge licensing fees for commercial reproductions; and
• some private collections and galleries prohibit photography entirely without prior consent.

Using images of copyrighted artworks requires careful legal assessment with the aid of a legal counsel; while explicit permission is generally needed, exceptions exist for private, educational and research purposes. To avoid legal disputes, it is always advisable to verify (with the aid of a legal counsel) rights with collecting societies, museums or legal representatives before publishing or commercially using artwork images.

In Italy, the right to authenticate an artwork after an artist’s death is primarily tied to moral rights, which continue to be protected even after the artist has passed away. These rights are regulated by the LDA and the Italian Civil Code, ensuring that the integrity and attribution of an artist’s work remain safeguarded over time.

Upon the death of an artist, the right to authenticate their works generally belongs to their heirs or legal successors, who inherit not only the economic rights but also the moral prerogatives, including the right to be recognised as the legitimate author. These individuals can legally confirm or contest attributions based on historical records, documentation and expert analysis. In some cases, an artist may have formally designated a foundation, archive or committee to oversee the authentication of their works. These entities are often responsible for maintaining a catalogue raisonné and issuing certificates of authenticity, and their opinions can carry significant weight in the art market. However, the extent of their authority depends on whether the foundation was expressly authorised by the artist during their lifetime or has been formally recognised by heirs or the legal system.

Disputes

In cases of dispute, courts and forensic experts may be called upon to settle authentication conflicts. When multiple parties claim the right to authenticate an artwork – such as heirs challenging a foundation’s authority – judicial intervention is sometimes necessary to establish a definitive attribution. Courts often rely on independent art historians, curators and forensic analysts, whose expert opinions – although not always legally binding – can influence market acceptance and institutional recognition of an artwork.

Authentication disputes frequently arise when different parties hold conflicting positions regarding the legitimacy of an artwork. One of the most common scenarios occurs when heirs and foundations disagree: an artist’s descendants may refuse to recognise a piece as authentic, while a foundation dedicated to the artist’s legacy may support its attribution. In such cases, legal battles may ensue, requiring courts to assess historical documentation, expert opinions and prior attributions. Another significant issue involves forgery claims – if an artwork that was previously authenticated is later deemed inauthentic, collectors and buyers may pursue legal action for misrepresentation, seeking compensation for economic losses. Even when an artwork’s authenticity is denied by heirs or institutions, the market itself may continue to accept it, leading to uncertainty for collectors, galleries and auction houses.

Catalogue Raisonné

A key element in the authentication process is the catalogue raisonné, which serves as a comprehensive reference of an artist’s known works. Being included in such a catalogue is often decisive for an artwork’s market value, as it provides reassurance to buyers and institutions. Conversely, exclusion can significantly diminish an artwork’s credibility and desirability. Whether a foundation or rights-holder can be legally compelled to include or exclude a work from a catalogue raisonné is a complex issue that intersects with both moral rights and market practices, and is further examined in 4.2 Art Authentication.

The authentication of posthumous artworks is thus a highly sensitive legal issue, often involving heirs, foundations and independent experts. While heirs and designated institutions typically hold primary authority, authentication disputes remain frequent, and courts may intervene when conflicting claims arise, impacting on both the legal recognition and market acceptance of an artwork.

In Italy, the inclusion of an artwork in an artist’s catalogue raisonné or the issuance of a certificate of authenticity is generally considered a matter of private discretion, rather than a legally mandated obligation. While foundations, archives, heirs or designated experts may hold the authority to authenticate an artist’s work, they are not legally compelled to recognise or validate a specific artwork. However, authentication disputes frequently arise, especially when a work is excluded from a catalogue or denied certification, leading to significant legal and commercial consequences.

A catalogue raisonné serves as a comprehensive reference listing an artist’s known and accepted works, typically compiled by heirs, foundations or leading art historians. Although not legally binding, inclusion in the catalogue can greatly impact on an artwork’s market value and desirability, influencing buyers, collectors and institutions. Conversely, exclusion can severely diminish an artwork’s credibility and saleability, as auction houses and galleries often rely on these catalogues to determine authenticity. Despite the catalogue raisonné’s importance, Italian law does not impose a duty on foundations, scholars or heirs to include a work within such a publication. Under Article 23 of the LDA, the control over an artist’s moral rights is vested in heirs or designated rights-holders, granting them the authority to deny authentication or refuse to recognise a work as part of the artist’s oeuvre.

Legal Challenges

While the legal framework does not mandate inclusion, disputes may arise if an artwork is arbitrarily or unfairly excluded, particularly when economic interests are at stake. If a foundation or expert systematically refuses authentication without a valid reason, legal challenges may be possible. Under Article 1218 of the Italian Civil Code, a contractual breach could be invoked if a foundation had previously agreed to authenticate works based on predefined criteria and subsequently failed to comply. Similarly, if exclusion from a catalogue is used to harm the reputation of an artwork or its owner, legal action may be pursued under Article 2043 of the Civil Code, which addresses tort liability and reputational damage.

Although courts generally refrain from interfering in authentication matters, exceptions exist in cases where bad faith, defamation or anti-competitive conduct can be proven. If a foundation wrongfully excludes an artwork, causing financial loss or reputational harm, the aggrieved party may challenge the decision in court. Additionally, if an artist had previously signed an agreement with a foundation outlining specific criteria for authentication, failure to comply with these terms could lead to a breach-of-contract claim. In certain circumstances, if a dominant institution in the art market systematically refuses authentication for commercial or monopolistic purposes, the issue could also be assessed under Article 102 of the Treaty on the Functioning of the European Union (TFEU), which addresses anti-competitive behaviour.

For those seeking to challenge exclusion from a catalogue raisonné, alternative legal remedies may include commissioning an independent expert opinion from art historians or forensic analysts, initiating legal proceedings to claim financial damages, or formally disputing the foundation’s decision through judicial intervention. However, success in such cases largely depends on the ability to prove misconduct, abuse of discretion or the presence of legal obligations previously established between the parties.

The discussion in 4.3 Legal Remedies Following a Declaration of Inauthenticity further examines the legal remedies available when an artwork is declared inauthentic after purchase, a scenario that frequently arises in authentication disputes and can have significant financial and reputational implications for buyers and sellers alike.

In Italy, when an artwork is later declared inauthentic, the buyer has several legal remedies available under contract law, tort law and consumer protection regulations. The appropriate course of action depends on:

• whether the seller acted in bad faith;
• whether the transaction included an explicit authenticity guarantee; and
• the specific nature of the sale.

Legal disputes over authenticity often involve complex litigation, requiring expert analysis and forensic verification, but the Italian legal system offers buyers strong protections to mitigate financial losses.

A buyer who unknowingly acquires a forged or misattributed artwork may seek relief through contract law principles, particularly under the Italian Civil Code. If the artwork is found to be fundamentally different from what was agreed upon, the buyer can initiate legal action under Article 1497 of the Civil Code (Aliud Pro Alio Doctrine), which allows for contract rescission and full reimbursement of the purchase price. Additionally, if the artwork was sold with an explicit authenticity guarantee but was later proven false, the buyer may invoke the warranty for hidden defects (Article 1490 of the Civil Code). In this case, the buyer has the right to return the artwork and claim a refund (actio redhibitoria) or, alternatively, to request a proportional price reduction (actio quanti minoris). These actions must be initiated within eight days from the discovery of the defect and in any case within one year from the purchase, ensuring that buyers act promptly upon learning of an authenticity issue.

When an authenticity dispute arises due to fraudulent misrepresentation, more severe legal consequences may follow. If a seller knowingly misrepresented an artwork as authentic when it was, in fact, a forgery, the buyer may pursue a claim for fraudulent misrepresentation (dolo contrattuale) under Article 1439 of the Civil Code. This could lead to the annulment of the contract, along with compensation for damages, including financial losses, loss of investment value and reimbursement of legal costs. Italian law places a duty of diligence on art market professionals – including galleries, dealers and auction houses – who are required to conduct reasonable due diligence before selling an artwork. If they fail to verify provenance or authenticity, they may be held responsible both according to contract law and to tort law, particularly if the buyer relied on their expertise when making the purchase and the seller acted negligently.

Buyers who qualify as consumers – meaning they purchase artwork from a professional seller rather than a private individual – benefit from additional consumer protection rules under the Italian Consumer Code (Article 130). In such cases, if the artwork is later discovered to be inauthentic or non-conforming to the contract, the buyer has the right to request a refund or replacement. Unlike transactions between private individuals, which are governed primarily by general contract law, consumer purchases enjoy longer limitation periods for bringing claims and stronger statutory protections.

The concept of cultural heritage is governed by the CBC, which establishes a comprehensive framework for the identification, protection and management of assets deemed to be of cultural, artistic, historical or archaeological significance. This legal regime reflects Italy’s constitutional commitment to the safeguarding of its cultural patrimony, ensuring that historically and artistically relevant objects are preserved in the public interest.

Under Article 10 of the CBC, cultural heritage includes both movable and immovable property that, by virtue of its historical, artistic, archaeological, ethno-anthropological, archival or bibliographic significance, is deemed to be of exceptional interest. This broad definition encompasses paintings, sculptures, manuscripts, archives, historic buildings, archaeological sites, and even urban or rural landscapes when they hold recognised cultural value.

A distinguishing feature of the Italian legal system is that cultural property may belong to either public or private ownership. However, once an object is formally declared of cultural interest, it becomes subject to public law constraints that restrict its free disposal. The MiC and the SBC are responsible for assessing, classifying and enforcing these restrictions, ensuring that such assets are properly preserved and do not leave the national heritage system without adequate safeguards.

Among the most significant legal effects of classification is the imposition of specific obligations on private owners, including the following.

State Pre-emptive Right (Diritto di Prelazione – Article 60, CBC)

If a cultural property is offered for sale, the Italian State has a priority right to acquire it at the agreed price, preventing its transfer to private buyers or foreign entities.

Export Control Regime (Articles 65–68, CBC)

The exportation of artworks or cultural goods that meet certain age and value thresholds requires ministerial authorisation, ensuring that items of national significance are not removed from Italy without appropriate safeguards. Unauthorised exportation is subject to seizure and administrative or criminal penalties, reinforcing the principle that cultural heritage is a public good.

Preservation and Conservation Obligations

Owners of declared cultural heritage are legally required to maintain and protect the asset, preventing deterioration or improper use. The MiC has the power to impose conservation measures and, in extreme cases, expropriate the asset if its integrity is at risk.

In the Italian legal system, adverse possession (usucapione) allows an individual to acquire ownership of property through continuous, uninterrupted and public possession over a specified period, as regulated by the Italian Civil Code (Articles 1158–1167). However, when it comes to cultural heritage, this mechanism is subject to significant restrictions due to the special legal protections established by the CBC.

The fundamental principle governing cultural heritage is that State-owned cultural property is inalienable and immune from adverse possession. According to Article 54 of the CBC and Article 822 of the Civil Code, all assets belonging to the State, regions, municipalities and other public entities that hold historical, artistic or archaeological significance cannot be acquired through usucapione, regardless of how long they have been in possession of private individuals. This rule applies to museum collections, archaeological finds, archives, religious objects and other publicly owned cultural assets.

Even when cultural assets are privately owned, the law imposes severe limitations on their acquisition through adverse possession. If an object or collection has been declared of cultural interest under Article 10 of the CBC, its legal status is significantly altered. The Ministry of Culture (Ministero della Cultura) and the Superintendencies of Cultural Heritage (Soprintendenze per i Beni Culturali) have the authority to intervene to prevent ownership claims through adverse possession if they determine that such acquisition would compromise the protection and preservation of the asset.

Further restrictions apply to stolen or illicitly removed cultural property, particularly those taken from public institutions, museums, religious collections or archaeological sites. Article 93 of the CBC states that these goods must be returned to the State, even if they have been held for decades and even if the possessor acted in good faith. The principle that stolen cultural goods cannot be acquired through adverse possession aligns with Italy’s international commitments under conventions such as the UNESCO 1970 Convention on the prohibition of illicit import, export and transfer of cultural property.

The judicial authority has consistently upheld these protections, emphasising that cultural heritage, especially if publicly owned, cannot be privatised through usucapione. Italian courts have ruled that even if a private individual retains possession of a cultural asset for an extended period, the public nature of the asset prevails over private ownership claims. This applies even when the item has passed through multiple private hands or has been inherited. Similarly, cultural property originating from churches, museums or libraries is subject to automatic restitution unless the possessor can provide clear and legitimate proof of acquisition.

In summary, adverse possession plays a limited role in cultural heritage law, as State-owned assets are entirely immune from privatisation through possession, and privately owned assets declared of cultural interest are subject to strict control.

In Italy, cultural heritage is subject to strong public protection, and the State holds significant rights over cultural assets, particularly when such items are discovered by private individuals. The CBC establishes a legal framework that prioritises the preservation of cultural heritage as a public interest, limiting private ownership rights when historical, artistic or archaeological significance is involved.

The discovery of a cultural asset, especially in the case of archaeological finds, triggers a special legal regime under Articles 91–96 of the CBC. If a private individual uncovers an object of cultural value – whether during excavation, construction work or by chance – they are legally obliged to report the discovery immediately to the competent authorities, including the MiC and the local SBC. The law explicitly states that failure to report such findings can lead to criminal penalties and administrative sanctions, reinforcing the State’s pre-eminent right over cultural assets.

Once a discovery is reported, the State automatically assumes ownership of the asset if it qualifies as an archaeological or historically significant object. This means that the finder does not acquire property rights over the item but may, in certain cases, be entitled to a financial reward or a percentage of the item’s value, as determined by the Ministry of Culture. However, if the discovery is made on private land, the landowner may also be entitled to compensation, but the asset itself remains subject to State ownership and regulation.

The State’s right of pre-emption (diritto di prelazione) is another fundamental mechanism ensuring that important cultural objects remain under public control.

Another essential aspect of State rights over cultural heritage concerns export control. Article 65 of the CBC establishes that cultural property of particular historical or artistic significance cannot be freely exported outside Italy without prior ministerial authorisation. If an attempt is made to export a declared cultural asset without approval, the State can seize the item and impose severe administrative and criminal penalties on those involved. This strict regulation aims to prevent the illegal trafficking of cultural goods, a problem that has historically affected Italy due to the high value and global demand for its artistic heritage.

In the case of illegally exported cultural property, the Italian legal system provides mechanisms for repatriation and restitution. Italy is a signatory to international agreements, including the previously mentioned UNESCO 1970 Convention and the 1995 UNIDROIT Convention on stolen or illegally exported cultural objects, which facilitate the recovery of cultural property that has been unlawfully removed from the national territory. These instruments enable Italy to request the return of stolen artifacts, even when they have been acquired in good faith by foreign museums, galleries or private collectors.

A contract for the sale of works of art must contain certain essential clauses to protect both the seller and the buyer. The main ones are as follows.

• Identification of the parties:
1. if the seller is an intermediary, their role and any representation must be specified.
• Description of the work:
1. title of the work, author, date of creation
2. technique used, materials and dimensions;
3. possible certification of authenticity or provenance; and
4. whether the work is part of a series or is a unique piece.
• Price and method of payment:
1. sale price, with indication of taxes, duties and fees (if applicable);
2. terms and methods of payment; and
3. any penalties for late payment.
• Delivery of the work:
1. method of delivery;
2. possible transport and insurance costs; and
3. transfer of risk and ownership (eg, upon full payment or delivery).
• Resale right (if applicable):
1. the author is entitled to a percentage of the resale price in accordance with the Resale Royalty Right legislation applicable in the EU and other countries.
• Intellectual property rights:
1. specifying whether the sale of the work also involves the transfer of copyright or only physical ownership;
2. any licence of use granted to the buyer (eg, possibility of reproduction of the work); and
3. prohibition of alteration of the work without the author’s consent (moral right).
• Guarantees and declarations:
1. the seller guarantees that the work is authentic and their legitimate property; and
2. declaration that the work is not the subject of legal disputes, seizures or encumbrances.
• Confidentiality clause (if required by the parties):
1. obligation not to disclose details of the transaction, especially in the case of sales between private individuals or through galleries.
• Cancellation or termination clause:
1. possibility to cancel the contract in the case of non-performance; and
2. possible conditions for the return of the work and refunds.
• Applicable law and jurisdiction:
1. indication of the applicable law and definition of the competent court for any disputes.

When a work of art has to be transferred abroad, there are several relevant issues to consider, both from a legal and a fiscal point of view: exporting a work of art requires attention to domestic and international regulations, taxation, logistics and guarantees for the protection of the asset. The main aspects to take into consideration are as follows.

• Export authorisations:
1. in Italy, works over 70 years old require authorisation from the MiC; and
2. more recent works may require a certificate of free circulation.
• Customs and taxation regulations:
1. within the EU, transfer is generally free; and
2. for non-EU exports, customs declarations are required and different tax rules apply (VAT-exempt, but possible customs duties in the country of destination).
• Transport and insurance:
1. safe transport with specialised packaging is essential; and
2. all-risk insurance is recommended to cover possible damage or loss.
• Copyright and resale right:
1. resale right may apply in some countries if the work is resold; and
2. any copyright restrictions should be checked.
• Destination country regulations:
1. some countries impose import restrictions or specific taxation; and
2. it is important to make sure that the purchase is legal and complies with local laws.
• Provenance and authenticity:
1. it is essential to accompany the work with certificates of authenticity and documentation on provenance to avoid legal challenges.

Gallery owners and auction houses have an objective and professional responsibility to verify the authenticity and originality of works of art. Their obligations derive from the Civil Code, the LDA and commercial sales regulations. Failure to exercise due diligence may expose them to civil, criminal and compensatory legal action. To protect themselves, they must adopt strict verification and documentation procedures before proceeding with the sale. The main responsibilities are as follows.

• Liability for non-authentic works:
1. the seller must guarantee the authenticity of the work (Article 1490 of the Civil Code);
2. the buyer may request the cancellation of the sale, a price reduction or compensation for damages;
3. if the seller does not carry out adequate checks, they may be liable for negligence or fraud; and
4. in the case of intentional fraud, criminal sanctions apply (up to five years’ imprisonment).
• Liability for plagiarised works:
1. if a work is copied without authorisation, copyright infringement occurs;
2. the artist or their heirs can request the seizure of the work, compensation and blocking of the sale; and
3. if the seller acts fraudulently, they can be prosecuted (up to four years’ imprisonment).
• Diligence obligations and means of protection:
1. always checking certificates of authenticity and provenance;
2. consulting archives, experts and foundations for valuable works;
3. providing for warranty clauses in sales contracts; and
4. ensuring that sales conditions do not exclude liability in a misleading manner.

Auction houses and art galleries are obliged to carry out thorough checks and verifications before offering works of art for sale in order to ensure the authenticity, provenance and legitimacy of the transaction. The main required verifications are as follows.

• Authenticity of the work:
1. verification of certificates of authenticity and official archives; and
2. checking catalogues raisonné and scientific analysis in the case of doubt.
• Provenance:
1. verification of chain of ownership and sales documentation;
2. checking in stolen works databases (Interpol, Art Loss Register, UNESCO); and
3. checking for any cultural-historical restrictions.
• Copyright and resale rights:
1. ensuring that the sale does not infringe copyright; and
2. payment of resale right for artists living or deceased for less than 70 years.
• Legal and customs aspects:
1. checking possible export restrictions for works older than 70 years; and
2. checking tax and customs regulations in the case of international sales.
• Conservation status of the work:
1. analysing the condition and declaring any restorations.
• Transparency towards buyers:
1. providing a detailed data sheet with all available information; and
2. clearly indicating any doubts about the attribution of the work.

An art adviser is an experienced art market consultant who assists collectors, investors, companies and institutions in the selection, evaluation and management of artworks. Their role encompasses several strategic and operational functions, with specific legal and ethical responsibilities.

• Role of the art adviser:
1. advising on purchase and sale – assists clients in the selection and intermediation of works of art;
2. valuation and due diligence – verifies authenticity, provenance and market value;
3. collection management – supports conservation, cataloguing and estate planning; and
4. investment strategies – advises on market trends and opportunities for purchase and resale.
• Main responsibilities:
1. duty of care – must verify the authenticity and provenance of the work;
2. liability for errors – may be held liable for damages if they provide incorrect or incomplete information;
3. conflicts of interest – must declare personal interests and avoid non-transparent favouritism; and
4. regulatory compliance – must comply with anti-money laundering (AML) and customer identification (KYC) regulations.
• Possible legal consequences:
1. contractual liability, if they do not respect agreements with the client; and
2. extra-contractual liability, if they cause damages through negligence or wrongful advice.
• Administrative and criminal sanctions, if they violate AML rules or participate in fraudulent transactions.

Operators in the art market – such as galleries, auction houses and art advisers – are subject to strict AML regulations and must comply with strict due diligence, reporting and record-keeping obligations to prevent the use of artworks for money laundering.

The main legislation in Europe is the Fifth Anti-Money Laundering Directive (EU Directive 2018/843), transposed in Italy by Legislative Decree 231/2007, which also extended the obligations to art dealers.

The main challenge is to ensure transparency in transactions without compromising client confidentiality.

Non-compliance can lead to administrative and criminal sanctions as well as the revocation of business licences.

• Main obligations:
1. KYC identification of the buyer, verification of the source of funds and risk assessment;
2. suspicious transaction reporting (SOS) – obligation to inform the Financial Intelligence Unite of the Bank of Italy (FIU) in the case of abnormal transactions (eg, unjustified cash payments or market-consistent values); and
3. record-keeping – recording data on customers and transactions for at least ten years.
• Main challenges:
1. anonymity in payments and lack of transparency in the art market;
2. difficulties in assessing the risk of artworks and recognising money laundering schemes; and
3. different regulations between countries, with complex rules for international trade.
• Compliance strategies:
1. implementing AML procedures for client verification and reporting management;
2. using databases and control tools (Art Loss Register, Interpol) to verify the provenance of works; and
3. liaising with legal and financial experts to ensure compliance, with the aid of a legal counsel.

Art collections, libraries and archives can be protected as cultural heritage if they meet certain requirements established by Italian and international law. Protection applies to assets of particular historical, artistic, archaeological or documentary value.

Collections can be listed for their cultural value, with consequent obligations for the owners.

• Legal framework:
1. in Italy, protection is regulated by the CBC; and
2. at the international level, conventions such as the UNESCO 1970 and Faro 2005 Conventions apply.
• Regarding when a collection is protected:
1. public goods are automatically protected if they are of cultural interest; and
2. private property may be bound by the MiC if it has historical-artistic value.
• Types of collections subject to protection:
1. libraries and historical archives, even if private;
2. art galleries and private collections, if of cultural interest; and
3. private museums, if open to the public and of historical heritage significance.
• Bond procedure:
1. the MiC initiates a preliminary investigation and, if recognised as being of cultural interest, applies the constraint.
• Effects of protection:
1. restrictions on sale and exportation (ministerial authorisation required); and
2. obligation of preservation and maintenance.

The protection of photographs depends on their artistic and creative value. The relevant legislation is the LDA (Articles 87–92), which distinguishes between different categories of photographs with different levels of protection.

Categories of photographs and legal protection:

• artistic photographs – original and creative, protected as works of art (70 years after the author’s death);
• simple photographs – without creative character, protected for 20 years after production; and
• unprotected photographs – mechanical reproductions without creative value (eg, images of cultural goods without re-editing or images of any documents).

Criteria for protection of a photograph as a work of art – a photograph is considered artistic and eligible for full copyright protection when it meets the following criteria:

• originality – the photograph must reflect the author’s creative choices, including unique composition, lighting, perspective or an innovative visual concept;
• creative interpretation – the image must demonstrate an artistic vision beyond a mere documentary or mechanical reproduction of reality; and
• personal style – the photographer must apply a distinctive artistic approach, differentiating the work from common snapshots or technical reproductions.

If these conditions are met, the photograph qualifies as a work of art and is granted the same copyright protections as paintings, sculptures and other creative works. This means that the author retains exclusive rights over reproduction, distribution and public display for 70 years after their death (Article 25, LDA).

Italian courts have consistently emphasised that the presence of creativity is the key factor in determining whether a photograph is protected as a work of art. The choice of subject, framing, lighting and post-production techniques all contribute to establishing artistic merit. Merely capturing an image without an original vision does not meet the threshold for full copyright protection as an artistic work.

Beyond artistic photographs, Italian copyright law also provides protection for other categories of photographs, with different levels of legal safeguards depending on their nature. The LDA distinguishes between the following.

Simple Photographs (Fotografie Semplici) – Article 87, LDA

These include images that lack originality but still require skill and effort to produce, such as:

• documentary photography;
• press and journalistic images;
• product and catalogue photography; and
• reproductions of existing artworks or objects.

While these photographs do not receive full copyright protection, they are still granted neighbouring rights under Articles 87–92 of the LDA. The rights-holder has exclusive control over reproduction and commercial use for 20 years from the date of production, provided that:

• the photographer is clearly credited when the image is published or reproduced; and
• the work is not altered in a way that misrepresents the photographer’s intent.

These protections ensure that even non-artistic photographs cannot be freely copied or used without authorisation, though the duration of rights is significantly shorter than that of artistic works.

Unprotected Photographs

These are any other mechanical reproductions without creative value (eg, images of cultural goods without re-editing or images of any documents).

Photographs of Cultural Heritage – Article 108, LDA

Italian law places special restrictions on photographs of cultural heritage, particularly images of artworks, monuments and historical sites that belong to the State or public institutions:

•       reproduction for commercial purposes requires authorisation from the relevant cultural authority; and

•       unauthorised use may lead to fines or legal claims by the Ministry of Culture (Ministero della Cultura).

These restrictions apply even if the photograph itself demonstrates creative elements, reinforcing Italy’s strong legal protections for national cultural assets.

Photographs in the Public Domain

Once copyright expires, photographs enter the public domain, meaning they can be freely reproduced and used. However, new photographs of public domain works (such as reproductions of historical paintings) may still be protected if they involve creative input beyond a mere technical reproduction.

These distinctions are crucial for photographers, museums and businesses operating in the art and cultural sector, as unauthorised reproduction or commercial use can lead to legal consequences.

Non-fungible tokens (NFTs) are unique digital certificates registered on a blockchain, used to certify the ownership and authenticity of a digital or physical work.

Examples of NFTs in the art world include:

• digital works (Beeple, Pak, XCOPY);
• photographs, music and videos with NFT certification; and
• physical works linked to an NFT to verify their authenticity.

The NFT does not automatically transfer the copyright in the associated work unless expressly stated in the contract.

The artist may retain the rights of reproduction and economic exploitation.

The purchaser of the NFT only obtains digital ownership of the token, unless otherwise agreed.

Practical Example

If one purchases an NFT of a work, one owns the digital token but cannot reproduce or sell prints of the work unless the contract permits it.

NFTs are an innovation for the art market, but they do not replace copyright. It is essential to protect oneself with clear contracts on usage rights and royalties, with the aid of a legal counsel.

Non-authentic or counterfeit NFTs can circulate in the NFT market as there are currently no centralised controls on their creation and sale. This phenomenon raises legal and copyright protection issues.

The NFT market is exposed to fraud and counterfeiting, so artists and collectors need to take protective measures and verify works before buying or selling them.

• How fake NFTs occur:
1. plagiarism and counterfeiting – anyone can create an NFT of someone else’s artwork without authorisation;
2. duplication and multiple sales – the same NFT can be sold several times on different platforms; and
3. fake profiles and fake collections – scammers pretend to be famous artists to sell counterfeit NFTs.
• Legal remedies:
1. copyright protection – the artist can legally challenge the platform and demand the removal of the fake NFT;
2. complaints on platforms – some NFT platforms allow reporting counterfeit content; and
3. prior registration – blockchain services certify the authorship of the work.
• How to protect oneself:
1. checking the authenticity of the NFT before purchase;
2. using reliable platforms with verified artists; and
3. monitoring one’s work online for plagiarism.

The transfer of artworks or art collection is a complex operation that requires strategic planning to ensure protection of the artistic heritage, continuity of ownership and tax optimisation.

• Planning strategies:
1. identifying heirs or beneficiaries (family members, museums, foundations, trusts);
2. inventorying and evaluating the collection with a certified appraisal; and
3. choosing the method of transfer – inheritance, donation, trust or transfer to cultural institutions.
• Legal aspects:
1. succession governed by the Civil Code and the Law on Succession (Legislative Decree 346/1990);
2. drafting a will to specify the destination of the works; and
3. cultural heritage constraints – the State has a right of pre-emption on the sale of works declared to be of historical-artistic interest.
• Tax aspects and optimisation:
1. inheritance tax varies from 4% to 8%, with exemptions for direct heirs;
2. tax exemptions for listed works if the heirs guarantee their public preservation; and
3. living donation as an alternative to reduce taxation.
• Legal instruments for long-term management:
1. trust – protects the collection and guarantees its preservation; and
2. cultural foundation – allows the collection to be enhanced and made public.
• Generational transfer of works destined for foreign countries:
1. checking international regulations to avoid high taxation; and
2. exportation subject to constraints imposed by the Ministry of Culture.

The transmission of works of art through inheritance (whether intestate or testamentary) can raise numerous issues related to the determination of ownership, tax valuation, cultural constraints and conservation obligations.

• Legal issues:
1. intestate succession – if there is no will, the works are divided among the heirs, causing possible conflicts;
2. testamentary succession – the will must respect the heirs’ shares to avoid challenges; and
3. cultural constraints – if the work is declared to be of historical interest, the State has a right of pre-emption and the heirs must ensure its preservation.
• Tax issues:
1. inheritance tax – rates from 4% to 8%, with deductions for direct heirs;
2. valuation difficulties – the declared value can be contested by the Inland Revenue;
3. exemptions – if the work is listed, it may be exempt from tax if public preservation is guaranteed; and
4. sale of works – may generate capital gains taxation and export restrictions.
• Solutions to avoid problems:
1. drawing up a clear will to specify the destination of the works;
2. obtaining a professional valuation to avoid tax disputes;
3. using trusts or foundations for efficient management and protection of artistic assets; and
4. checking cultural restrictions to comply with legal obligations and notifications to the relevant Superintendency.

The acquisition of works of art by donation or gift is subject to specific tax rules, which vary depending on the value of the work, the relationship between donor and beneficiary and the presence of any cultural restrictions.

• Donation tax:
1. donations of works of art are subject to gift tax, with rates that vary depending on the relationship between donor and beneficiary:
• Exemptions for listed works:
1. if the work is declared to be of cultural interest, it may be exempt from the tax if the beneficiary undertakes to preserve it and make it accessible to the public; and
2. possible tax compensation by ceding a work of art to the State.
• VAT and taxes:
1. donation between private individuals – not subject to VAT; and
2. donations by artist or gallery – may be subject to VAT at 22%.
• Taxation on the sale of works received as donations:
1. if the sale is occasional, no capital gains tax; and
2. if the sale is habitual, it may be taxed as business income.
• Donations to museums and foundations are exempt from tax and may generate tax benefits for the donor.

Certain works of art and cultural goods may be exempt from inheritance and gift taxes if they meet certain requirements under Italian law. The exemption depends on the cultural value, destination and preservation commitment.

It is essential to ensure conservation and public use in order to obtain the tax benefits.

• Works of art of cultural interest:
1. exempt from the tax if declared of historical or artistic interest (according to the CBC); and
2. the beneficiary must guarantee conservation and public accessibility.
• Works donated to museums and cultural institutions:
1. donations to museums, libraries and foundations – tax-exempt and may give tax benefits to the donor.
• Works held by artists or gallerists:
1. not subject to inheritance tax if still in the artist’s estate or unsold in a gallery.
• Works of art within the exemption allowance:
1. no inheritance tax is payable if the value of the work is within the tax-free allowance for direct heirs (EUR1 million for spouses and children).
• Collections bound to cultural foundations:
1. if a collection is intended for a foundation or a non-profit organisation, it may benefit from permanent exemptions.

It is possible to place a work of art in a trust, either to protect a collection or to manage the generational transition. However, legal and tax implications need to be assessed, especially in the case of a purpose trust intended for the preservation of an entire collection.

Purpose trusts for the preservation of collections may benefit from exemptions if they guarantee public accessibility.

There are tax risks and penalties if the trust is used to avoid inheritance or gift taxes.

• Why to place works of art in a trust:
1. protection of assets – avoids inheritance fragmentation;
2. continuity of management – ensures the preservation and enhancement of the collection; and
3. succession planning – separates artistic and personal assets.
• Types of trusts for works of art:
1. family trust – for the management of the transfer of generations;
2. purpose trust – for the preservation of a non-profit collection; and
3. trust for transfer to cultural entities – for donating works to museums or foundations.
• Tax implications:
1. inheritance and gift tax – rates between 4% and 8% apply, except for exemptions for cultural purposes;
2. direct taxes – different taxation for opaque trust (trust pays tax) or transparent trust (beneficiaries pay tax); and
3. indirect taxes – possible exemptions if the trust has a cultural preservation purpose.
• Possible sanctions and tax risks:
1. tax avoidance charges if the trust is used only to avoid taxes;
2. controls on foreign trusts with Italian works to avoid tax abuses; and
3. taxation on distribution of works to beneficiaries.