In Italy, the protection of "Image Rights" is governed by Articles 10 of the Italian Civil Code and 96–98 of the Italian Copyright Law. Despite the different terminology used ("portrait" in Article 96 of the Italian Copyright Law and "image" in Article 10 of the Italian Civil Code), it is generally accepted that the two expressions are synonymous and both refer exclusively to representations of an individual that allow for their identification.
The reproduction of a person’s features can be achieved not only through photography and various visual art forms (such as painting, sculpture, engraving, etc.), including caricature drawing, but also through the so-called "scenic mask" (that is, entrusting an actor with the portrayal of the character), the use of a look-alike, or by evoking the individual through distinctive accessories.
Recently, case law has deemed unlawful the publication of a photograph in which the model’s tattoos were digitally removed, as the decision to get tattooed was considered an expression of the individual’s intent to confer a specific and unique identity to their image.
As a general rule, a portrait may not be displayed, reproduced, or commercially exploited without the consent of the person depicted. Consent may be given explicitly or inferred from the behavior of the portrayed individual.
In the case of express consent, written form is not required, provided there is no uncertainty about the actual intention of the person holding the image rights. The scope of the consent must also be assessed in terms of the place, time, and purpose for which it was granted.
Implicit or tacit consent is admissible only if it can be unequivocally inferred from the conduct of the person portrayed, a determination that must be made on a case-by-case basis.
