BT-REQ-1940 Consumer Holiday Guide 2023 v9 BH - Flipbook - Page 28
Holidays, brands, advertising,
and cultural heritage
Maria Luigia Franceschelli
Cecilia Stahlhut Espinosa
Counsel
Milan
Counsel
Mexico City
Renowned cultural landmarks like the Colosseum or Chichén
Itzá, together with traditional motifs and patterns, often form a
backdrop for global holiday campaigns, clothing, and accessories,
making people wonder about festive magic in far-away paradises.
Brands should know that local laws
may protect these assets, and prior
authorization may be needed before
they are used for retail and advertising
purposes. Although “cultural
appropriation” is not a new concept,
consciousness about the sensitivity
of cultural heritage has become a
relevant aspect at both a legal and
regulatory level.
In Italy, for example, the law
provides that entities that
incorporate cultural heritage in
advertising grant authorization for
the reproduction of such marketing
content for commercial purposes
and determine the applicable fees.
In Mexico, the Federal Law for the
Protection of the Cultural Heritage of
Indigenous and Afro-Mexican Peoples
and Communities aims to recognize
and guarantee the right of ownership
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Retail and Fashion Holiday Guide 2023
and the intellectual property rights of
Indigenous and Afro-Mexican peoples
and communities over the elements
that make up their cultural heritage,
their knowledge, and their traditional
cultural expressions. This establishes
special protection for their spiritual and
religious traditions, sacred places, and
cultural symbols.
As the holiday approaches, brands need
to ensure that in the desire to form an
authentic connection with people of
di昀昀erent cultural backgrounds, they do
not over-step the mark. We wish you a
happy holiday season, no matter where
you are celebrating.
