The Court of Milan stated that so-called ‘simple’ (non-creative) photographs available and accessible on the internet, 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 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.