PHOTOGRAPHS FOR ADVERTISING

PHOTOGRAPHS FOR ADVERTISING

Some special note deserve the contracts for the realization of photographs for advertising. The distinction, even legislatively consecrated as a result of amendments to the Law on copyright in 1979, including photographs-intellectual and “simple photographs”, as such subject to a more cushioned protection, for all practical purposes lost much of its importance in the case of advertising photography. For this is, by definition, made on commission, for which the exercise of the exploitation rights, “within the limits of the object and purpose of the contract”, always on an exclusive responsibility of the buyer. The distinction is however relevant for the purposes of the existence or not of a “moral right” of the photographer, and then the latter’s right of being indicated as the author of his own work, and to oppose those modifications or use, which have adversely affected his honor and his professional reputation, “moral rights” that the author of photographs-artwork also keeps in case of their target advertising, but which is lacking in the case of “simple photographs.” If are photographs of the first or of the second type it will obviously have to be determined case by case.
(By Diritto e Pubblicità – Fusi/Testa)

[NOTE: This is an automatic translation]