Italy has adopted a legal amendment to extend the term of exclusive rights for simple photographs from 20 to 70 years, a drastic shift that may cause serious damage, unless corrective action is taken.
For decades, Italian copyright law has recognised the dual nature of photography:
- creative photographs, protected as full copyright works for 70 years after the author’s death, and
- simple documentary photographs, protected only for 20 years from creation, reflecting their primarily factual function rather than artistic expression.
This legal balance enabled archives, libraries, museums, researchers, educators, and the public to access, digitise, and reuse millions of images that preserve Italy’s recent social and cultural history.
A small amendment with a big impact
This story begins on October 8th, 2025 with the Senate’s approval of DDL 1184 — “Simplification and digitalisation of administrative procedures”, a legislative package spanning a wide range of unrelated policy areas. The text regulates various aspects, from “simplification of activities carried out in ports” to “work permit procedures”, and even to “workplace safety regulations”.
Hidden among these diverse and technical provisions is a single amendment concerning copyright—Amendment 15.0.2—which introduces a new version of Article 92 of the Italian Copyright Act. The amendment reads:
Art. 92 — 1. The exclusive right over photographs lasts until the end of the seventieth year after their production. This right includes protection against unauthorised reproduction and the moral recognition of the author pursuant to Article 20. The protection against reproduction applies to any reproduction, modification, or partial or total alteration of the technical parameters of the photograph without the consent of the author or their successors in title. Exceptions under Article 98, as well as those relating to teaching and professional training, remain applicable, provided that the author’s details are acknowledged.
What appears, at first glance, as a technical adjustment is in fact a sweeping shift: simple documentary photographs—historically protected for only 20 years—would now be locked behind a 70-year exclusive right, equivalent in duration to full copyright protection normally reserved for original, creative works.
A warning from cultural organisations, academic associations and other members of civil society
In an open letter addressed to the Italian Minister of Culture, before the submission of the proposal to the Chamber of Deputies, and signed by cultural organisations, academic associations, researchers, libraries, and archival professionals, concerns are stated unequivocally:
If approved, this amendment will produce incalculable harm to historical research, scholarly freedom, and the valorisation of Italy’s photographic heritage, while unjustifiably restricting the public domain.
The signatories note that the vast majority of simple photographs have no creative intent. Their value lies in their status as sources of knowledge; their digitisation was made possible precisely because they enter the public domain after 20 years, and public funds have already been invested in this. Extending exclusivity contradicts national and European principles of open access, transparency, and the efficient use of public investment.
Nonetheless, the Chamber of Deputies (Camera Act No. 2655) approved the bill on November 26th, including the proposal to extend protection for so-called “simple photographs” from 20 to 70 years. The law December 2nd, 2025, n. 182, “Provisions for the simplification and digitalization of procedures concerning economic activities and services for the benefit of citizens and businesses” has been published in the Official Gazette, General Series No. 281 of 3 December 2025, and it will therefore enter into force on 18 December 2025.
What this means
Beyond the negative impact on the preservation and valorisation of Italy’s cultural heritage, this amendment raises significant substantive and practical concerns. On the one hand, it aligns the term of protection for simple photographs with that of creative photographic works, further blurring the distinction between original works and mere reproductions. On the other hand, the transitional regime remains unclear: will the extension apply only to future photographs, or also to those already produced and not yet in the public domain? It is evident that the latter scenario would make the already negative impact of this amendment on copyright law even more severe.
We will continue our advocacy efforts with conviction, with the support of all the allies in the cultural and research sectors, asking for a constructive dialogue aimed at restoring the previous statutory framework and ensuring a fair balance between protection and access.
