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The Court of Milan states that photographs found on the web can be used freely if devoid of date and author’s name
With judgment no. 5635 of 3 June 2024, the “Enterprise A” Chamber of the Court of Milan ruled on the subject of copyright on so-called ‘simple’ (non-creative) photographs available and accessible on the internet. In particular, it stated that these photographs, except in cases of bad faith, can be used freely and without authorisation by the people who found them, if they lack the indications prescribed by Article 90 of the Italian Copyright Law (no. 633/1941, ICL).
The limitations to the use of images of famous people: the “Rivera” case
The Italian Supreme Court regarding Article 97 of the LDA has ruled how photographic portraits of famous people can be published without prior consent, provided there is a public interest and the individual's right to privacy is not violated.