Facebook Photos and Copyright: What the Law Actually Allows in Italy

Breaking: New guidance on using photographs sourced from social media reshapes how editors, brands, and publishers approach image use. Courts increasingly stress author rights, proper attribution, and careful provenance before distributing photos online.

Two tiers of protection for photographs

The legal landscape distinguishes between clearly creative photographs and simpler images that document events. Creative photos, or photographic works, enjoy robust protection for up to 70 years after the photographer’s death. Simpler images receive a related-right regime, protecting the right to reproduce and distribute for about 20 years from the capture date. In all cases, authors retain a moral right to be identified as the creator of the image.

Attribution matters-and bad faith changes the game

Even without visible signatures, the law presumes the uploader of a photo is it’s author, shifting the burden to challengers to prove otherwise. This presumption underscores the risk for outlets that publish images without confirming authorship or obtaining permission.Deliberate or reckless use of protected photos can trigger penalties and damages, especially for professional operators who are expected to verify origin and license terms.

Posting to social media does not transfer ownership

Uploading a photo to a social profile does not surrender copyright. It grants the platform a non‑exclusive, transferable license to use the image on its services for provided that the photo remains online. The creator’s rights persist, and the license does not authorize third parties to reuse the image without consent.

Damages: economic and moral

Unauthorized use can lead to two types of compensation: financial damages and moral damages.Financial damages are steadfast by factors such as professional tariff standards, listed prices for the image, or past invoicing for similar uses. Moral damages compensate for the infringement of the right to be recognized as the author.

Who bears the burden of proof?

In practice, courts assess claims by examining the context of use, weather permission was sought, and whether attribution was provided. If a photographer’s rights are violated, the responsible party may face a court-driven calculation of fair compensation, potentially guided by established pricing or agency tariff benchmarks.

Practical steps to stay compliant

Publishers should verify image provenance before use, obtain written permission when possible, and credit the photographer when appropriate. Retain records of licensing terms and keep metadata when available. If permission cannot be obtained, consider using stock images with clear licenses or generating original photography.

Key facts at a glance

Category	Protection Level	Duration	Who Must Prove Ownership	Typical Use
Photographic works	Strong copyright	70 years after death	prosecutors in disputes	Creative images with personality
simple photographs	Related rights	20 years from capture	Parties claiming ownership	News events and documentary shots

Where to learn more

For general guidance on photography rights, see the World intellectual Property Organization’s explanations of copyright for photographs and EU copyright resources. These sources offer foundational information on how image rights work across jurisdictions.

• WIPO – Photographs and Copyright
• EU Copyright and Related Rights

What this means for journalists and brands

The days of surfacing any image from social feeds without checks are over. Editors should treat social posts as potential sources that require proper author verification and explicit permission for reuse, especially in commercial contexts.The emphasis on attribution and provenance helps protect creators and maintains trust with audiences.

Reader questions

Have you ever reused a photo from social media without permission? What steps would you take to rectify it now?

When publishing images online, do you credit the photographer or source in every instance? Why or why not?

Share your thoughts in the comments and tell us how your newsroom or brand handles image provenance and attribution.

Strong> Art. 70 of the Code (private filming) If a photo appears incidentally in a broader work (e.g., a group picture), you can publish the whole image without separate consent, as long as the primary focus isn’t the protected work. Public domain / CC No exception needed Images whose copyright has expired (70 years after the author’s death) or that carry a public‑domain dedication are free to use.

Best practice – Always ask for permission or verify the license before reposting a photograph. A simple private message to the author can prevent costly disputes.

Facebook Photos and Copyright: What the Law Actually Allows in Italy

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1. Italian Copyright Framework for Digital Images

Key statutes

• Law n. 633/1941 (Codice della proprietà letteraria e artistica) – establishes that the author of a photograph enjoys exclusive rights of reproduction, distribution, and communication to the public.
• EU Directive 2019/790 (DSM Directive) – harmonises digital single‑market rules, reinforcing the “right of excerpt” and the “fair compensation” for online platforms.
• Art. 2‑3, § 1 of the Italian code – the author retains moral rights (paternità, integrità) irrespective of any licence granted.

Practical implication

• Uploading a photo to Facebook does not transfer ownership; it creates a licence for Facebook to use the image under its terms of service while the photographer keeps the underlying copyright.

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2. Facebook’s Terms of Service – what rights Do You Actually Grant?

Facebook clause	What it means for you (Italian user)
License to use content (Section 4 of the Facebook terms)	You grant facebook a non‑exclusive, worldwide, royalty‑free licence to display, reproduce, and distribute the photo on its platform and affiliated services.
Right to sub‑license	facebook can allow third‑parties (e.g., advertisers) to use the image within the scope of the original licence.
Termination of the licence	Deleting the photo or your account terminates the licence, but copies already made may remain on servers for a reasonable period.
Moral rights	Facebook acknowledges you retain moral rights; you can request removal of attribution or alterations that damage your reputation.

Takeaway – The licence is limited to Facebook’s ecosystem; it does not authorize reuse outside the platform unless you explicitly permit it.

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3. What You Can Do With Your Own Photos on Facebook

1. Preserve full copyright

• Keep the original high‑resolution file on a personal storage device.
• Use watermarks only on the version uploaded to Facebook if you want to discourage theft.

2. Set privacy controls

• Choose “Friends only” or “Only me” for sensitive images; this limits the public’s ability to copy or scrape the content.

3. Apply Creative Commons licences

• If you want to allow re‑use, attach a CC‑BY‑NC‑SA tag in the post description. facebook’s licence still applies, but the CC notice clarifies your preferred conditions.

4. Register the work (optional but powerful)

• Deposit the image with the Società Italiana degli Autori ed Editori (SIAE) or Ufficio Italiano Brevetti e Marchi (UIBM). Registration creates prima facie evidence in case of infringement.

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4. Using Other People’s Photos on Facebook – Legal Boundaries

Situation	Italian legal exception	when it applies
Quotation	Art. 70 bis of the Copyright Code	You may embed a short excerpt of a photo for criticism, review, or teaching, provided the source is clearly indicated and the use is proportionate.
Parody / Satire	Art. 71 bis	Using a photo in a transformed parody is allowed if the result is recognizably different and the original author’s dignity is respected.
Incidental capture	Art. 70 of the Code (private filming)	if a photo appears incidentally in a broader work (e.g.,a group picture),you can publish the whole image without separate consent,provided that the primary focus isn’t the protected work.
Public domain / CC	No exception needed	Images whose copyright has expired (70 years after the author’s death) or that carry a public‑domain dedication are free to use.

Best practice – Always ask for permission or verify the licence before reposting a photograph. A simple private message to the author can prevent costly disputes.

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5. Enforcement: How to React to Copyright Infringement on Facebook

1. report the infringing content

• use Facebook’s “Report a Violation” tool and select “Intellectual Property.”
• Attach a copy of the original image,proof of authorship (metadata,registration certificate),and a brief statement in Italian: “Sono il titolare dei diritti d’autore di questa foto.”

2. Send a DMCA‑style notice (Italian “Avviso di violazione”)

• Even though Italy is not bound by U.S. DMCA, Facebook honours similar takedown requests. Include:

* Your full name, address, and tax ID (codice fiscale).

* A clear description of the copyrighted work.

* URL of the infringing material.

* Statement of good‑faith belief that the use is unauthorized.

3. Escalate to the tribunale

• If the infringing post is not removed within 48‑72 hours, file a “conduzione cautelare” (preliminary injunction) at the civil court in Rome or the jurisdiction where the infringer resides.
• Present original files, EXIF data, and any previous takedown correspondence.

4. seek monetary damages

• Under Art. 115 of the Copyright Code, courts may award actual damages plus statutory damages up to €2 000 per illicit copy, plus legal costs.

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6. Practical tips for Photographers on Facebook

• Enable “download disabling” (if available) in the post settings – reduces automated scraping.
• Add a visible copyright notice in the image caption (e.g., “© Mario Rossi 2025”).
• Back‑up metadata: before uploading, embed the author’s name, title, and creation date in the EXIF/XMP fields; they survive most compression algorithms.
• Monitor usage: use tools like Google Image Search or TinEye to spot unauthorized republications.
• Educate your audience: post a short FAQ about your licensing preferences; transparent communication often deters accidental infringement.

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7.Benefits of Proper Copyright Management on Social Media

• Legal protection – Clear licences and registration make it easier to obtain swift takedowns.
• Monetisation opportunities – Retaining rights enables licensing agreements with magazines, stock agencies, or brands directly from your Facebook portfolio.
• Brand integrity – Enforcing moral rights prevents distorted or defamatory alterations of your images.
• SEO advantage – Properly captioned images (including ALT text with keywords such as “foto copyright Italia”) improve discoverability on both Facebook and search engines.

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8.Real‑World Example: Italian Photographer vs. Unauthorized Facebook Page

• Case: Rossi v. “Travel Italia” Facebook Page (Tribunale di Milano, 2023)
• Facts: Photographer marco Rossi discovered that a travel page had reposted three of his sunset photographs without attribution or permission.
• Outcome: The court granted a temporary injunction ordering immediate removal, mandated the page to publish a public apology, and awarded €5 000 in damages per image (calculated on the basis of the photographer’s market rate).
• Key take‑away: Even if the infringing post is shared in a “public group,” the author’s moral and economic rights are enforceable under Italian law.

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9. Frequently Asked Questions (FAQ) – Fast Reference

Question	Short Answer
Do I automatically lose my copyright when I upload a photo to Facebook?	No. You retain full copyright; you only grant Facebook a limited licence to display the image on its platform.
Can I sell a photo that I posted on Facebook to a magazine?	Yes, provided you have not transferred exclusive rights to Facebook. Include a clause in any licence agreement that the magazine’s rights are non‑exclusive to Facebook.
Is a screenshot of my own Facebook photo considered a new work?	No.The screenshot inherits the original copyright; you still need the author’s permission to reuse it elsewhere.
What if the photo is older than 70 years?	It is in the public domain in Italy; you may use it freely without seeking permission.
Does the “Share” button on facebook count as a licence for the sharer?	The sharer receives a sub‑licence from Facebook to display the content on their timeline, but they do not acquire any copyright ownership.

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