Jacobacci Avvocati Senior Associate Ettore Fassina has written a great article on the Protection of Photographs in the Italian Legal System.
Italian Copyright Law classifies photographs into three categories, each with different levels of protection: (1) Artistic Photographs, (2) Simple Photographs, and (3) Documentary Photographs.
1. Artistic Photographs
These are fully protected under copyright law, like any other creative work. Protection arises automatically with the act of creation, no formalities required.
To qualify, the photo must reflect the author’s personality and creativity, going beyond technical skill to express emotion, imagination, and artistic vision. Copyright lasts for 70 years after the author’s death.
2. Simple Photographs
Defined as images of people or things from everyday life, these lack creative character and are treated as mere reproductions.
They receive limited protection: the photographer has exclusive rights to reproduce and distribute the image, but only if the photo visibly includes the author’s name and year of creation. Without these, third-party use isn’t considered infringement.
To claim compensation, the photographer must prove the infringer knowingly violated their rights, a high burden of proof. Protection lasts 20 years from the date the photo was taken.
3. Unprotected Photographs
Photos of documents, objects, technical drawings, and similar items are not protected. Their purpose is purely informational, like catalogue images.
Key Takeaways
- If you’re a photographer, always watermark your images with your name and the year to secure protection.
- If using online photos, ensure you’re not violating rights, especially with simple photographs. Check for the author’s name and date.
- Use tools like Google’s image search filters to find photos with clear usage rights.
For detailed information, as well as the picture copyright, please see the law firm´s original article here: The protection of photographs in the Italian legal system | Jacobacci Avvocati
