The Bologna Court of Appeal, by its judgment of 24 September 2024, reaffirmed the existence of a right to image over cultural assets held by the entity responsible for their custody, following the precedents established in cases concerning Michelangelo’s David and Leonardo da Vinci’s Vitruvian Man.
The case at hand concerned the use of the portrait of Duke Francesco I d’Este by Diego Velázquez on the label of a balsamic vinegar bottle, without the authorization required by the Cultural Heritage Code.
The ruling confirmed that a right to image may be recognized in relation to cultural assets, given that the historical and artistic heritage holds an identity value for the nation and is thus intended to be enjoyed by the entire community in ways that promote cultural development.
Furthermore, the Bologna Court held that the use of the Duke d’Este’s portrait in association with the balsamic vinegar packaging caused damage, consisting of the devaluation of the cultural asset’s image and economic loss suffered by the Galleria Estense of Modena, the owner of the painting, due to the unpaid concession fee and reproduction royalties.
