COPYRIGHT | Italy Extends Protection for Non-Creative Photographs

As of 18 December 2025, Article 47 of Law No. 182/2025 (the Simplification Act) amends Article 92 of the Italian Copyright Law, extending the term of protection for non-creative (“simple”) photographs from 20 to 70 years from their production. Notably, Italian Copyright Law distinguishes between creative photographs, which benefit from full copyright protection for 70 years post mortem auctoris, and simple photographs, which lack a creative imprint and are based solely on technical skill. The latter are protected by a related right, which until now lasted 20 years from production. Under the Simplification Act, simple photographs continue to be protected by a related right, but its duration has now been extended to 70 years from production. The amendment therefore narrows – though does not eliminate – the protection gap with creative photographs, with the stated aim of enhancing the value of professional photography, by acknowledging the technical skills often involved, including in post-production processes.  The law does not clarify whether the extended term applies retroactively, thus including simple photographs that have already entered the public domain. This uncertainty may affect the use of photographic archives and raises unresolved issues regarding contractual arrangements and potential entitlement to additional remuneration.

Newsletter n. 114 – January 2026