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Photography has only recently come to be considered, besides being a creative work protected under copyright law, also as a possible element of “cultural heritage”. Even in Italy, with its traditionally pervasive regulation of cultural property, while the issue was raised in the 1970s it only entered the legal framework on cultural heritage in the 1990s. During the same period, photographs began to be considered as “cultural goods” under the European legal framework, albeit with mixed attitudes. This article provides a summary of this legal evolution, including an analysis of possible effects of the 2017 reform of Italian cultural property export law on this specific area, and discussing the impact of current regulation on the photography market. GENERAL ARTICLES * Eliana Romanelli is junior teaching assistant of Law & the Arts in the Università Cattolica del Sacro Cuore (UCSC) of Milan, Italy, where she is also a member of the research group on offences against cultural heritage of ASGP – “Federico Stella” Graduate School of Criminal Justice. She has a Second Level Professional Master Degree in Arts Management and is currently a lawyer in the Art Law Department of the law firm NCTM in Milan. 1 This article builds on the presentation given, together with Arianna Visconti (whose article in this issue of the “Santander Art and Culture Law Review” is meant as complementary to the current essay), at the Third All Art and Cultural Heritage Law Conference. “National Treasures”: Limits to Private Property and Cross-Border Movements, held at the University of Geneva on 10 November 2018. The underlying research was partly funded through the D.1.2012 programme of the Università Cattolica del Sacro Cuore, as part of an ongoing research on “Emerging Criminal Trends and New Prevention Strategies: Cultural Property Trafficking”. Santander Art and Culture Law Review 2/2019 (5): 135-158 DOI: 10.4467/2450050XSNR.19.017.11565

Photographs as “Cultural Property” under Italian and European Union Law: A Complex Picture