From news reporting to advertising: when using a team’s image becomes unlawful

When does a photo stop being news and become advertising?

In the case at hand, the newspaper argued that the poster was simply an extension of journalistic activity: a photograph linked to a public sporting event and therefore usable without consent.

At first glance, the legal framework would seem correct: Art. 96 requires consent for the use of another person’s image, while Art. 97 allows exceptions when the image is related to events of public interest or falls within the right of news reporting.

However, the legal analysis does not end with the connection to a news event.

In this case, the match had taken place on May 21, 2022, while the poster was distributed a week later (May 28), when the news had already been widely reported. The image was therefore no longer serving an informational purpose, but was being reused in an autonomous form, detached from the news and intended to be kept.

An additional element emerged during the proceedings: the presence of advertisers’ logos, for which companies had paid to appear on the poster. The operation thus not only accompanied the newspaper but increased its commercial appeal.

The Court based its decision on this combination of factors. It is not enough that the image relates to a public event for its use to fall under the exception of Art. 97: “The right of news reporting may be invoked when using another person’s image without consent, but not for profit purposes.” (Florence Court of Appeal, judgment no. 1365/2026).

The criterion that emerges is functional. It is not the format of the content—newspaper, insert, or poster—that matters, but the actual use of the image.

When the image:

• is detached from the timeliness of the news,
• is included in an autonomous product,
• is linked to an economic advantage,

its use tends to fall outside the scope of news reporting and into that of advertising.

And it is precisely at this point that consent becomes necessary again.

Is the image of a team protected like that of a person?

The publisher also argued that a true image right could not exist with respect to a football team. The photograph depicted multiple individuals in a public setting and not, according to this argument, a legal subject in the strict sense.

However, the Court adopted a different approach.

Articles 10 of the Italian Civil Code and 96 of the Italian Copyright Law protect image rights against unauthorized uses and, according to well-established case law, this protection is not limited to natural persons. It may also extend to other entities when the image is capable of identifying them in the market. The Italian Supreme Court has also confirmed that the protection of name and image may apply to legal entities and organized groups with recognizable economic value (Supreme Court, no. 18218/2019).

The key issue, therefore, is not “who” is depicted, but what the image represents.

In this case, the poster did not portray something indeterminate, but the Fiorentina team in its identity and entirety: official kits, club symbols, and a recognizable context. Taken together, these elements directly refer to the football club and its market image.

For this reason, the Court qualifies the image as a true distinctive business asset, an element capable of representing and enhancing the company. Using it effectively means exploiting its reputation.

This aspect becomes even more relevant when the image is associated with third-party trademarks unrelated to official sponsors. In such a context, the use is no longer neutral: it creates in the public the impression of a commercial connection and amplifies the economic exploitation of the image.

Hence the Court identified a dual legal consequence:

• violation of image rights (Art. 10 Civil Code and Art. 96 Copyright Law);
• unlawful use of distinctive signs, with possible misappropriation of the trademark’s reputation (see Using a famous trademark can be expensive: the Italian Supreme Court defends well-known trademarks from dilution and parasitic exploitation – Canella Camaiora)

In other words, when an image identifies a business and is used for economic purposes, it falls within the scope of protections afforded to corporate assets.

What happens if I use a team’s image for advertising without authorization?

Already at first instance, the Florence Business Court had found a violation of the football club’s image rights, ordering the withdrawal from the market and destruction of the poster copies, as well as imposing a penalty for any further violations.

On appeal, the publisher’s position worsened. The Court confirmed the unlawfulness of the conduct and broadened its legal classification: not only improper use of the image, but also trademark infringement under Art. 20 of the Italian Industrial Property Code, due to the association with third-party logos and the exploitation of the team’s reputation.

The financial consequences followed the same logic. Damages were calculated according to the “price of consent” criterion (Art. 158 Italian Copyright Law), i.e. the amount that would have been required to obtain lawful authorization. In this case, the amount was set at €23,600, also based on prior dealings between the parties.

In addition to monetary compensation, further remedies typical of intellectual property protection were applied: publication of the judgment and a penalty of €50 for each future violation or delay in complying with the Court’s order.The resulting framework is clear: when the image of a sports team is unlawfully used to generate an economic advantage – for example, to increase sales or enhance advertisers – the protection is comprehensive and may result in:

• immediate cessation of distribution;
• withdrawal and destruction of materials;
• compensation for damages;
• additional sanctions.

Care must therefore be taken even when exercising the right of news reporting, as exceeding its limits may expose publishers and media outlets to concrete risks with direct economic impact.