Following the amendments to art. 108, paragraph 3 bis, of the Cultural Heritage Code introduced by Law 4 August 2017, n. 124 (Ref. circ. n. 33/2017 DGA), it is free «... 2) to disseminate by any means the images of cultural heritage, legitimately acquired, in such a way that they cannot be further reproduced for profit purposes .».¤
It is therefore considered appropriate to simplify the concession procedure used up to now, replacing the formal request for authorization with the sending to the Institute holding the asset of a simple communication of the intention to publish the image , without prejudice to the obligation to cite the source and to deliver an analog or digital copy of the work and a copy of the reproduction.
In order to publish for profit the reproduction of an archive document or part of it, it is necessary to request authorization from the Archive Management using the appropriate form in pdf format, accompanied by n. 2 revenue stamps of €.16,00, one to be applied on the request by the user, the other on the authorization, by the administration.
The following are exempt from paying the stamp duty: "... State administrations, regions, provinces, municipalities, their consortia and associations, as well as mountain communities." (art. 16, annex B, DPR 26/10/1972, n. 642), and ONLUS organizations (art. 18 DPR 26/10/1972, n. 641). These entities will also be issued with the authorization without stamp duty.
The publication must include the exact archival signature of the document, and the mention "by concession of the Ministry of Culture", with the authorization details.
It is a legal requirement to deliver a copy of the publication for which authorization has been requested. Violation of this requirement may result in the refusal of further authorizations for photoreproduction.
As provided by the Decree of 8 April 1994 of the MiC, the publication rights owed by the applicant:
- they do not concern books with a print run of less than 2000 copies and a price lower than €77.47, nor scientific periodical publications;
- in other cases, the amount of the rights to reproduce a photo in a printed edition in a single language is €51.65 for a color photo, and €10.33 for a black and white photo, in the case in which the photo was taken with one's own means.
Payment of the rights must be made by payment on the PagoPA payment portal of the MiC at the web address : https://pagonline.cultura.gov.it/ according to the instructions provided. Reason for payment: Reproduction Rights to the State Archives of Fermo Chapter 29 – Cap. 2584/03 STATE ARCHIVES OF FERMO - The proof of payment must be attached to the application for authorization to publish.
