Use of images online: what does the law say?

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With this sentence in mind we try to address the complex and age-old issue of copyright on images present online, trying to learn what the legislation says on the matter and trying to extricate ourselves from articles and quibbles to publish photos and images online without run into unpleasant surprises. A problem that arises especially when creating websites or web marketing activities , such as sharing content on social networks.Going around the internet undisturbed and taking everything we need from one site and a little from another with the belief that "if it's on the internet it belongs to everyone" is one of the most wrong and dangerous actions that can be done. . And if you add to this the arrogance of "who would like to know if I copy" you are walking right on the edge of a ravine.The law on the matter is clear and, as we know, does not allow ignorance .



So if we want to stay calm we need to keep in mind Business Owner Phone Numbers List that all " intellectual works of a creative nature that belong to the sciences, literature, music, figurative arts, architecture, theater and cinematography, whatever they are the manner or form of expression ” (art. 2575 cc) constitutes the object of copyright, and therefore the author boasts an exclusive right over his work “ constituted by the creation of the work, as a particular expression of intellectual work ” ( art. 2576 cc) to publish it and use it economically, as well as to " oppose any deformation, mutilation or other modification that could be detrimental to his honor or reputation " (art. 2577 cc).Furthermore, with particular reference to the web, the legislator on 18 August 2000 with law no. 248, integrated the aforementioned articles of the Civil Code and law no. 633 of 22 April 1941 providing further provisions for the protection of copyright in order to combat online counterfeiting and piracy, following the countless commercial and technological developments.In short, everything that is found online and is not of own production must be treated and used with the utmost care , as the violation of this right leads to the application of substantial civil and criminal sanctions against the infringing party .How to behave depending on the caseHaving assimilated the rule, let us now try to clearly understand its areas of application depending on the case , especially in reference to the use of images present on the internet .Photographic images must first of all be distinguished between simple photographs and artistic photographs .For the former, the art. 90 l. 633/41 requires the author of the photograph to specify, among other things, " the name of the photographer, the employer, or the client " (i.e. the person who holds the rights of economic use of the work), in the absence of the such as the reproduction of photos is not considered abusive .





The others, on the contrary, are considered intellectual works , and their protection is not subordinate to the aforementioned formalities, therefore their reproduction without consent is considered absolutely abusive .However, the distinction between one type of photography and another is decidedly difficult to understand, above all due to the objective difficulty of identifying parameters on the degree of creativity , which in the event of a dispute will be referred solely to the judicial authority, which, " in addition to a criterion of reasonableness, it can only refer to the taste and trends of the specific historical-artistic moment in the field of photography Therefore it is necessary to specify a rule upstream: what does the law consider "photography" ?The art. 87 l. 633/41 considers photographs to be " images of people or aspects, elements or facts of natural and social life, obtained with the photographic process or with a similar process (e.g. digital photos ), including reproductions of works of figurative art and frames of cinematographic films. Photographs of writings, documents, business papers, material objects, technical drawings and similar products are not included ."It goes without saying therefore that when in doubt it is always better not to reproduce any photo found online without the author's consent (unless you pay him a fee, or you legitimately obtain the right to use protected images in some way), because in most cases the reproduction of that image is protected by copyright and therefore punishable.