Image and Photography
Canella Camaiora® is a trusted name in the protection of reputation, photographs, and image rights.
Image is a multifaceted legal concept—one that intersects personality rights, copyright, data protection law, and the evolving norms of modern communication.
When handling visual content and photographs, it is crucial to assess not only the image itself, but also the associated reputation, the ownership of rights, and the legal management of all parties and creative works involved.
Today, more than ever—given the rise of AI-generated content, deepfakes, and the unauthorized use of portraits and images—advanced and strategic legal protection is essential.
For six consecutive years (2020–2025), Canella Camaiora® has been recognized by Il Sole 24 Ore–Statista as one of the best Italian law firms in Intellectual Property and TMT, based on an independent survey of lawyers, in-house counsel, and clients.
With deep experience in image rights, photography, and copyright, we offer highly skilled assistance in legal relationships between photographers and subjects, as well as among authors, agencies, celebrities, influencers, and industry professionals.
We understand image in all its legal dimensions: as a personal right, as a creative asset, as protected content, and as personal data. This rare cross-disciplinary expertise makes us a recognized leader in cases involving defamation, image damage, and reputational harm.
To respond swiftly and effectively, Canella Camaiora® offers a suite of tailored legal services:
- Preliminary assessment to identify potential infringement;
- Legal opinions on copyright and image rights;
- Cease-and-desist letters to stop unauthorized exploitation;
- Litigation and urgent legal measures to block illicit use and obtain compensation;
- Reporting of unlawful content to online platforms;
- Web monitoring and surveillance against unauthorized uses;
- Certified digital evidence collection (powered by TrueScreen®);
- Contractual advice on photography and licensing;
- Legal support in reputation management and defamation cases.
What is the right to image, and when does it apply?
The right to one’s image is a personal right that safeguards an individual’s control over their visual representation. It is governed by Article 10 of the Italian Civil Code and Articles 96 and 97 of the Italian Copyright Law. Except in cases of public interest or legitimate news reporting, the reproduction of a person’s likeness requires the individual’s prior consent.
What is the difference between a photographic work and a simple photograph?
A photographic work is an original creation with creative character and is protected under copyright law for 70 years after the author’s death.A simple photograph—lacking originality—is granted a different form of protection, lasting 20 years from the date of production, provided legal attribution requirements are met.
What can be done in case of unauthorized use of an image or photograph?
It is possible to seek an immediate stop to the unlawful use, request content removal, and obtain compensation for damages. Canella Camaiora® assists clients in both out-of-court and judicial actions, evaluating case-specific strategies including urgent measures and compensation claims.
How can images and photographs be protected online?
Effective protection begins with proper copyright management and metadata preservation. In case of abuse, legal action can include filing complaints with digital platforms or gathering certified evidence for future litigation.
Can images found on the internet be used freely?
No—unless the image is released under a free license with clear terms of reuse. All online images are potentially protected by copyright. Unauthorized use can give rise to legal liability, even when committed in good faith.
Protecting image and photography requires a multidisciplinary legal approach Canella Camaiora® is a leading firm for individuals and entities seeking to protect their image, reputation, and visual content—or to properly manage rights related to creative works.
Active monitoring and prompt legal action are now essential. The value of image must be protected with knowledge, strategy, and precision.
Image and photography
Preliminary assessment to identify potential infringement
Legal opinions on copyright and image rights
Cease-and-desist letters to stop unauthorized exploitation
Litigation and urgent legal measures to block illicit use and obtain compensation
Reporting of unlawful content to online platforms
Web monitoring and surveillance against unauthorized uses
Certified digital evidence collection (powered by TrueScreen®)
Contractual advice on photography and licensing
Legal support in reputation management and defamation cases
The half-million-euro mistake: the case of the incorrectly dated painting
How much is a work of art worth? The factors that determine price are certainly many, from the signature to the dimensions of the piece, [...]
1 July 2026
International circulation of works of art: what changes with Law No. 40/2026
Law No. 40 of 17 March 2026 amends several provisions of the Cultural Heritage Code concerning the circulation, enhancement and management of works of art. [...]
30 June 2026
Google vs. Hindware: trademark bidding and the cost of defending your brand
Using another party’s trademark as an advertising keyword is not generally prohibited under European law, but it can become unlawful when it impairs the trademark’s [...]
29 June 2026
The right to be forgotten and Google delisting: when is compensation for damage available? Italian Supreme Court No. 6433/2026
Does an infringement of the “right to be forgotten” automatically give rise to a claim for damages? In its decision No. 6433 of 18 March [...]
26 June 2026
Works of art under EUR 13,500: what changes after Judgment No. 51/2026 of the Italian Constitutional Court
Judgment No. 51/2026 of the Constitutional Court clarifies the regime applicable to works of art “below threshold” in international circulation. The Court does not eliminate [...]
25 June 2026
The tax risks of intra-group transfers
Training the staff of a newly acquired foreign subsidiary, providing access to software developed by an Italian investee company, or granting use of a trademark [...]
24 June 2026
Parental Leave and Abuse of Rights: When Dismissal May Be at Ris
This article examines the purpose and limits of the use of parental leave in light of the recent Order of the Italian Supreme Court, No. [...]
23 June 2026
Software projects: how to manage open source libraries and third-party APIs
In commercial software projects, open source libraries and third-party APIs can reduce development time and costs, but they require precise checks. This article explains which [...]
17 June 2026
AI-developed software: who owns the code generated by ChatGPT or Claude?
The article examines the main legal issues connected with the use of AI in software development. It clarifies when the generated code may belong to [...]
17 June 2026
Cultural events involve more than works: the rights of performers and executing artists
In cultural projects, discussions often focus on works and copyright. However, in events such as concerts, performances, and festivals, what is actually used is not [...]
29 May 2026
Is it lawful to use music or video in a cultural event? Authorizations, costs, and risks
Using music or video in a cultural event is never neutral: even a simple playback may require authorizations and generate costs, including in the absence [...]
26 May 2026
The Court of Justice of the EU revisits “authorial creativity” applied to design
The judgment of the Court of Justice of EU of 4 December 2025 (joined cases C-580/23 and C-795/23) redefines the boundaries of copyright protection in [...]
22 May 2026