Right to your own picture (Italy)

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The right to one's own image in Italy is regulated in the law of April 22, 1941, No. 633 (Protection of Copyright and Related Rights), Part II of Image Rights ( Italian Diritti relativi al ritratto ). According to the law of April 22nd, 1941, No. 633 Art. 96, the portrait of a person may not be exhibited, reproduced or put on the market without his consent.

Exceptions are regulated in Art. 97 p. 1, according to which consent is not required if the reproduction of the image is justified. This justification can result from the celebrity of the person depicted or from the exercise of a public office. Consent is also not required for judicial or police purposes as well as for scientific, educational or cultural reasons. The same applies if the reproduction serves to report on events in which there is a public interest or which took place in public. Furthermore, according to Art. 97 S. 2, the publication and commercial distribution is prohibited if this would violate the dignity of the person depicted.

Country-specific details

See also

literature

  • Katrin Neukamm: Protection of portraits in Europe. At the same time a contribution to the importance of the constitutional traditions of the EU member states and the ECHR for the interpretation of the Union's fundamental rights. Duncker & Humblot, Berlin 2007, ISBN 978-3-428-12587-6 (also dissertation, University of Münster 2006/2007).

Individual evidence

  1. Legge April 22, 1941 n. 633 Protezione del diritto d'autore e di altri diritti conessi al suo esercizio, online at www.interlex.it (Italian); English translation on www.wipo.int.