Policy for the release of reproductions and the authorisation to create images (photographs, film and video) and their for-profit use

(Art. 106 et seq of the Italian Law Code on Cultural Natural Heritage, approved with Legislative Decree n. 42/2004, as amended) 

Article 1 - Scope

1.1 This policy covers:
a) the issuing of reproductions of images (photographs and videos) from the Photographic Archive of the Vittoriano and Palazzo Venezia (henceforth also ‘VIVE’);
b) authorisation to use reproductions of photographs and videos issued by VIVE, as well as those already available to the requesting party, for profit;
c) authorisation to create and use, for profit, photographs, film and videos of the interior and exterior of the places assigned to the Institute and its collections.  

 

1.2. The following activities are without restriction, and thus do not require explicit or implicit authorisation, so long as they are carried out for non-profit purposes such as studies, research, freedom of speech or creative expression, and promotion of knowledge about cultural heritage:
a) the depiction of cultural heritage carried out in a way that does not involve any physical contact with the object in question, or its exposure to light sources, or the use of stands or tripods;
b) the distribution, via any medium, of legally acquired images of cultural heritage, so that they cannot be reproduced by users unless as a low-resolution digital file. 

 

1.3. Depictions of cultural heritage by journalists, exercised as part of freedom of the press, are also without restriction, and thus do not require any sort of authorisation.  

Article 2 - Application form for the release of reproductions of images (photographs and videos) from the Archive and authorisation for their for-profit use

2.1 Requests to issue reproductions of photographs and videos from the VIVE Photographic Archive and authorisation for their for-profit use can be submitted by filling in this form.  

 

2.2 Requests must be sent at least 30 (thirty) days prior to the date on which the requesting party wishes to receive the photograph or video and obtain authorisation for its use.  

 

2.3. All data that appear on the form will be used for the institutional purposes of the Institute and processed in compliance with the General Data Protection Regulation (the GDPR), approved with Regulation (EU) 2016/679, according to the principles of proper use, lawfulness, transparency, the protection of confidentiality and fundamental rights, to the extent necessary for the issuance of the license for the use of the spaces.  

Article 3 - Application form for authorisation to use photographic or video reproductions that the applicant already possesses, for profit

3.1 The application form for authorisation to use reproductions of photographs or videos that the applicant already possesses for profit should be submitted by filling in this form. 

 

3.2 Requests must be submitted at least 30 (thirty) days prior to the date on which the requesting party wishes to obtain said authorisation.  

 

3.3. All data that appear on the form will be used for the institutional purposes of the Institute and processed in compliance with the General Data Protection Regulation (the GDPR), approved with Regulation (EU) 2016/679, according to the principles of proper use, lawfulness, transparency, the protection of confidentiality and fundamental rights, to the extent necessary for the issuance of the license for the use of the spaces.    

Article 4 - Application form for authorisation to take photographs and video/film recordings for profit

4.1 Authorisation to create and use, for profit-generating purposes, photographs, film and videos of the interior and exterior of the places assigned to the Institute and its collections, can be requested by filling in this form.  

 

4.2 Requests must be sent at least 30 (thirty) days prior to the date on which the requesting party wishes to receive said authorisation.

 

4.3. All data that appear on the form will be used for the institutional purposes of the Institute and processed in compliance with the General Data Protection Regulation (the GDPR), approved with Regulation (EU) 2016/679, according to the principles of proper use, lawfulness, transparency, the protection of confidentiality and fundamental rights, to the extent necessary for the issuance of the license for the use of the spaces.  

Article 5 Fees

5.1 The requesting party must pay a base fee according to this price list.

 

5.2. The requesting party must also pay a reproduction fee, i.e., the cost borne by the Institute to reproduce said image or video.  

 

5.3. No base fee shall be due for copies of images and videos requested by individuals or for personal use or for purposes related to research/education, that is, by public or private entities for promotion and enhancement purposes, as long as they are not for profit. However, the requesting party must reimburse the Institute for the cost of issuing said image. 

 

5.4 The base fee and the reproduction fee must be paid in advance via wire transfer to the current account/IBAN indicated in the authorisation form.

 

5.5. The payment of the amounts in section 5.1 and 5.2 are to be considered net of any fees VIVE is charged by the bank.  

 

5.6. A lump sum will be applied to requests for numerous reproductions.

 

5.7. In the case of research publications or multimedia products or those with a significant impact on the promotion of the institute, the fee may be reduced to the point of being free.  

Art.6. Terms and conditions for the use of image reproductions (photographs and videos)

6.1. Authorisation is understood to mean the non-exclusive right (a license) to use photographic and video reproductions for one time only. 

 

6.2. Authorisations are not transferable and cannot be sub-licensed. 

 

6.3 Any use of the image which is different from the authorised use(s) is subject to a new authorisation.

 

6.4. The photograph or video reproduced must include the following credit line/copyright notice: ‘Italian Ministry of Culture - the Vittoriano and Palazzo Venezia’, or the shorter version: ‘©MiC – the Vittoriano and Palazzo Venezia’. 

 

6.5. The requesting party must deliver 1-5 copies of the publication in which the image appears, according to the instructions in the authorisation form issued by VIVE. If published in a periodical, a digital version of the abstract should be sent.  

Art. 7. Terms and conditions for the authorisation to take photographs and record videos/film

7.1. Authorisation requests will be denied if it is determined that the creation of the photograph, film or video is a risk to the cultural heritage in question.  

 

7.2. The dates, timelines and methods used to create the photograph, film or video in question must be agreed upon in advance with VIVE.

 

7.3. If the requesting party requires access to the site outside of ordinary opening hours, said party shall be required to pay extra fees for the third-party use of ministerial staff.  

 

7.4. Payment of said fees for the third-party use of ministerial staff must take place in advance and be paid to the separate current account/IBAN indicated in the authorisation form.  

 

7.5. Payment of said fees for the third-party use of ministerial staff is hereby understood to be net of any fees charged by the bank to VIVE.

 

7.6. The requesting party must also provide a copy of each audio or video/film recording, granting the rights to it.      

Article 8 - Effective date

This policy is effective as of the date of publication on the Institution's website.