“Open to Meraviglia”: boomerang effect for the Uffizi Gallery due to alleged lack of authorization and potential damage to the cultural asset’s image.

The website Collezione da Tiffany, which focuses on art collecting, has published an article by Emanuele Sacchetto, an attorney specializing in art law and intellectual property. The article discusses the recent “Open to Meraviglia” campaign promoted by the Ministry of Tourism to enhance tourism and culture in our country.

The campaign has stirred up controversy as it features a modified version of Botticelli’s Venus, portrayed as a young influencer. This has raised concerns and uncertainties about the legal use of images depicting a cultural masterpiece. While the Code of Cultural Heritage prohibits unauthorized commercial use of such images, it allows their free and unrestrained utilization when the purpose is to promote knowledge about them.

In this case, since the campaign was created precisely for artistic and cultural promotion, it is likely that, unlike what has happened in the past with other cases of image usage, the Uffizi Gallery, which holds the rights to the artwork, will not oppose it. However, the potential absence of authorization from the Uffizi Gallery could pose some problems if, as is quite common, the promotional campaign leads to the sale of various types of merchandise and gadgets depicting the images from the campaign itself (and therefore, necessarily, of Venus), perhaps with the authorization of the Ministry.