Abstract

Despite the need to liberalise the use and reproduction of the image of cultural heritage repeatedly identified in supranational legislation, the Italian legislator, in Legislative Decree 177/2021, preferred to keep the authorisation procedure established by the Cultural Heritage Code. Considering this choice, we have to ask ourselves if it represents a legislative resistance to the ‘democracy of culture’ or if, on the contrary, oxymoron of a ‘granted culture’ is still today the only instrument able to guarantee and safeguard the «memory of the national community».

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