In December 2025, Italy amended its Copyright Law (Article 92 of Law no. 633/1941) to extend the term of protection for non original photographs from 20 to 70 years from the date of production. While framed as a technical adjustment, this reform significantly affects the legal status of large parts of Italy’s photographic heritage and raises concerns for cultural heritage institutions and digital repositories.
The Italian two-tier photography protection system
Italian copyright law distinguishes between:
Creative photographs, protected as works of authorship under Article 2(7) during the lifetime of the author plus 70 years;
Simple (non-creative) photographs, protected through related rights under Articles 87 et seq.;
Photographs of writings, documents, business papers, material objects, technical drawings and similar items, which are excluded from protection (Article 87, par. 2).
The distinguishing criterion that helps decide whether a photograph is protected in one way or another is creativity, understood in established case law as the author’s ability to leave a personal imprint through subject choice and execution (Painer Vs Standard, case C-145/10). These three layers have historically supported both the protection of creative labour and public access to documentary heritage.
What the amendment changes
The reform of Italy’s copyright law aligns the duration of protection for creative and non-creative photographs to 70 years, although the starting point of calculation differs. For creative works we start counting after the death of the author, whereas for non original photographs the term starts at the date of production. This alignment substantially weakens the functional distinction between the two categories and transforms a related right into a quasi-copyright regime for non-creative images.
Impact on digitisation and access
Under the previous regime, simple photographs produced before 2005 had already entered the public domain. Cultural heritage institutions have digitised and openly shared large volumes of these images, documenting twentieth-century Italian social, political and cultural life. The amendment now creates uncertainty regarding the legal status of photographs taken between 2006 and 2025. These digital reproductions could be protected for the remainder of most of the century! In the absence of clear transitional provisions, institutions face increased legal risk when making these materials available, potentially limiting digitisation initiatives, online access and reuse.
A challenge for the Europeana Public Domain Charter
The Europeana Public Domain Charter emphasises that long-term copyright protection should be reserved for works that reflect sufficient creativity, in order to preserve a balance between authors’ rights and the public interest in access to knowledge. Extending a 20 year term to a 70-year term to non-creative photographs risks undermining this balance and narrowing the public domain.
Looking ahead
The amendment calls for urgent reconsideration. Restoring a shorter term for simple photographs and explicitly safeguarding documentary and heritage photography helps align Italian law with the objectives of the Europeana Public Domain Charter.
Absent such corrective measures, the change will restrict access to cultural heritage and weaken the role of public domain as a shared resource for research, education and cultural participation.
What you can do
If you would like to learn more about the issues raised in this post, we invite you to join the Europeana Network Association copyright community and follow the activities of the Creative Commons Italy Chapter.
