Under the Italian copyright law, photographs are divided into two categories: Creative photographic works, protected by copyright, and “simple” photographs, uncreative and protected by a related right.
The latter includes images consisting of a mere reproduction of reality, those characterized by the purely “collaborative” nature of the performance carried out by the photographer or which are not the result of his particular ability to choose.
Protection under the related right shall be subject to the indication of the photographer’s name and the date of production of the photograph on the specimens. In the absence of such information, reproduction of the image without the consent of the rightholder shall not lead to the infringement of the related right, unless the photographer proves the bad faith of the reproducer.
In recent years, the case law has attempted to adapt this requirement, born at a time when the specimens of the photographs were necessarily material, to the digital context.
On this point, the Court of Milan, in its judgment of 28 May 2024, ruled that a simple photograph found online and without a digital watermark containing the indications of the photographer’s name and the date of production of the photograph cannot be protected.
