Freedom of Panorama in Italy: Photographing Architectural Works and Monuments Under Italian Copyright Law

Freedom of panorama (FOP) is the legal principle that permits the photographing, filming, and reproduction of architectural works, sculptures, and other artistic creations situated in public spaces without authorisation from the copyright holder. The principle balances the public’s interest in documenting the visible environment against the author’s exclusive economic rights over their work. Different jurisdictions take different positions: some recognise broad FOP (Germany, UK, Spain), some narrow FOP (France), some have explicit statutory frameworks, and Italy — where the principle has had a complicated legal history — has only recently developed an articulated FOP framework.

This guide explains the Italian framework for photographing architectural works, sculptures, and monuments in public spaces, the limits of permitted use, and the additional restrictions imposed by Italian cultural heritage law. For comparative analysis with other jurisdictions, see our companion guides on freedom of panorama in the UK and freedom of panorama in France and Germany. For the broader copyright framework, see our master pillar guide to copyright law in Italy and Europe.

Originally contributed by Domenico Piero Muscillo. Updated and expanded by the DANDI editorial team.

What is protected: architecture and works in public spaces

Under Articles 1 and 2 of the Italian Copyright Act (Law no. 633/1941, LDA) and Article 2575 of the Italian Civil Code, copyright protects “works of the intellect of a creative character” belonging to figurative arts and architecture, regardless of the mode or form of expression. Specifically protected are:

• Architectural works (buildings, monuments) and their drawings;
• Sculptures;
• Works of figurative art (paintings, murals, installations);
• Stage designs, sketches, and other graphic works.

Every building or monument that people admire walking on the streets — including modern architectural works, public sculptures, contemporary art installations — is, in principle, protected by copyright. The author of the architectural work or sculpture holds economic rights over reproduction in any form, including by photography (Article 13 LDA), and moral rights of paternity and integrity over the work (Articles 20-24 LDA — see our moral rights guide).

The author’s exclusive right of reproduction applies regardless of the work’s location: a building protected by copyright is protected whether visible from public streets, private property, or via aerial photography.

The freedom of panorama principle in Italy

The Italian framework historically did not contain an explicit “freedom of panorama” exception comparable to those in Germany or the UK. The general copyright framework — which grants authors exclusive reproduction rights — would, on a strict reading, require authorisation for any photograph that reproduces a protected architectural work or sculpture, even when taken from public space.

Italian practice and jurisprudence, however, have developed a more nuanced position:

• Photography for personal, non-commercial use: generally permitted as a matter of practice, not specifically authorised by statute but consistent with the spirit of fair private use under Article 71-sexies LDA (private copy);
• Photography for discussion, critique, review, or teaching: permitted under the citation/critique exception of Article 70 LDA, subject to attribution and proportionality;
• Commercial reproduction: requires authorisation from the copyright holder of the architectural or sculptural work.

The Appeal Court of Rome, in a leading decision, established the principle that:

“The reproduction of photos of an artwork represents an economic use modality that realises the exclusive right of reproduction mentioned by Article 13 of the Italian Copyright Law. The author, according to this article, remains entitled to these rights even where the rights to use the work have been transferred.”

The Italian framework was clarified through amendments to the Italian Cultural Heritage Code (D.Lgs. 42/2004) and complementary copyright provisions. In particular, an amendment originally referred to as part of the “Franceschini” reforms introduced specific provisions on photographic reproduction of cultural and architectural assets, distinguishing between non-commercial use (broadly permitted) and commercial use (subject to authorisation).

Commercial versus private use

The critical distinction in Italian FOP analysis is between non-commercial and commercial use:

Non-commercial use

Personal photography of architectural works and monuments from public spaces — for private enjoyment, social media sharing without commercial purpose, educational use, discussion, critique, or review — is generally permitted without authorisation. The “fair use” of images that are not sold is the practical foundation of contemporary Italian FOP practice.

Commercial use

Commercial reproduction — including:

• publication in magazines, books, and other commercial print;
• publication on commercial websites and platforms;
• sale of prints, postcards, calendars, posters;
• use in advertising;
• use in stock photography libraries (Getty Images, Shutterstock, Alamy, etc.);
• use in commercial film or television production;

requires prior authorisation from the copyright holder of the architectural work or sculpture (typically the architect, sculptor, or their assignees).

An important exception: where the artist has died more than 70 years ago and the work has entered the public domain for copyright purposes, no copyright authorisation is required. However, cultural heritage restrictions may still apply (see below).

Cultural heritage law: an additional layer

Beyond copyright, Italian cultural heritage law imposes additional restrictions on the photographic reproduction of works classified as cultural heritage. The Italian Cultural Heritage Code (D.Lgs. 42/2004) applies to works held in state and certain other public collections, monuments, archaeological sites, and items of cultural significance.

Under the Cultural Heritage Code:

• Reproduction of cultural heritage items may require authorisation from the relevant Soprintendenza (Cultural Heritage Authority), independent of copyright status;
• Commercial use of reproductions of cultural heritage may require a fee paid to the relevant authority;
• Non-commercial use is generally permitted, with formal notification or registration sometimes required;
• Research photography using meticulous technical and scientific methods may require specific authorisation regardless of commercial use.

This means a photograph of, for example, an ancient Roman ruin (clearly in the public domain for copyright purposes) may still require Soprintendenza authorisation for commercial reproduction under cultural heritage law. The Cultural Heritage Code creates a parallel restriction system that operates independently of copyright.

Specific situations:

• Building exteriors: generally not subject to Soprintendenza restrictions, but modern artworks and sculptures situated in those exteriors may be;
• Museum interiors and exhibitions: typically subject to museum-specific regulations and Soprintendenza coordination;
• Archaeological sites: generally subject to Soprintendenza authorisation for commercial reproduction;
• Private collections declared as cultural heritage: subject to Soprintendenza restrictions even where physically located in private spaces.

In practice, the Soprintendenza usually does not sell images or rights but requires the submission of a formal request specifying the intended use. Following authorisation, publications often include an acknowledgment of the Soprintendenza’s permission.

Main subject versus background

Italian practice and doctrine have developed a distinction between photographs where the protected work is the main subject and photographs where it appears in the background:

• The protected work as main subject (close-up): authorisation is generally required for commercial reproduction. The protected work is the focal point of the photograph;
• The protected work in the background (incidental inclusion): authorisation is generally not required. The work appears incidentally as part of a larger scene where it is not the focus.

This de minimis distinction reflects practical reasoning: a photograph of a Rome street scene that happens to include a contemporary sculpture in the corner of the frame should not be subject to the same authorisation requirement as a focused photograph of the sculpture itself.

The line between main subject and background is sometimes contested. Factors considered include:

• the proportion of the frame occupied by the protected work;
• whether the work is identifiable as a specific protected work;
• whether the photograph’s commercial value derives from the inclusion of the work;
• whether the work is used to evoke specific associations.

Works in the public domain

Works for which copyright has expired — typically 70 years after the death of the author — enter the public domain and can be photographed and reproduced commercially without copyright authorisation. Examples for Italian architectural and sculptural works:

• Renaissance, Baroque, and earlier architectural works (Brunelleschi, Michelangelo, Bernini, Borromini, etc.): in the public domain for copyright;
• Nineteenth-century architectural works: generally in the public domain;
• Early twentieth-century works: depends on the death date of the architect;
• Modern architectural works (post-1950s): generally still protected unless the architect died more than 70 years ago.

However, as noted above, cultural heritage restrictions may still apply to works in the copyright public domain. A photograph of the Colosseum (clearly public domain) may still require Soprintendenza authorisation for commercial reproduction under the Cultural Heritage Code.

For deeper analysis of copyright duration and works in the public domain, see our guide on copyright duration and pre-existing works.

Practical checklist for photographers

For photographers, journalists, content creators, and businesses planning commercial use of photographs taken in Italy:

1. Identify the protected works in the photograph: which architectural works, sculptures, or other protected creations appear in the frame?
2. Determine copyright status: when did the author die? Is the work still under copyright (within 70 years post-mortem)?
3. Determine cultural heritage status: is the work classified as cultural heritage under D.Lgs. 42/2004? Is it held in a state collection, museum, or archaeological site?
4. Classify the intended use: is it commercial or non-commercial? Editorial or advertising? Stock photography or limited-distribution publication?
5. Assess the photograph’s composition: is the protected work the main subject or incidental background?
6. Obtain authorisations where required: from copyright holders (for copyright-protected works), from Soprintendenza (for cultural heritage), from venue management (for private property or special-rule locations);
7. Document authorisations: maintain records of authorisations obtained for future verification;
8. Include credits where required: attribution to authors, acknowledgment of authorisations.

For complex commercial projects, especially involving distribution outside Italy or use in audiovisual production, legal clearance review is advisable.

Frequently asked questions

Can I freely photograph buildings and monuments in Italy?

For personal, non-commercial use: generally yes. For commercial reproduction (magazines, books, stock photography, advertising, commercial film): authorisation from the copyright holder may be required if the architectural work is still under copyright (architect died less than 70 years ago) and constitutes the main subject of the photograph.

Does Italy recognise freedom of panorama?

Italy has historically had a limited FOP framework compared to Germany or the UK. Modern Italian practice — supported by Cultural Heritage Code reforms and copyright jurisprudence — permits non-commercial photography of works in public spaces but generally requires authorisation for commercial reproduction of works still under copyright when they are the main subject.

What if the architect died more than 70 years ago?

The architectural work is in the copyright public domain and no copyright authorisation is required. However, cultural heritage restrictions under D.Lgs. 42/2004 may still apply for state-owned or classified cultural heritage items, particularly for commercial reproduction.

Do I need authorisation to photograph the Colosseum or other ancient monuments?

For copyright purposes, no — ancient monuments are in the public domain. For commercial reproduction, however, the Cultural Heritage Code may require Soprintendenza authorisation. Personal photography is generally unrestricted.

What is the difference between main subject and background?

Where a protected architectural work or sculpture is the focal point of the photograph (close-up, dominant element), authorisation for commercial use is generally required. Where the work appears incidentally in the background of a larger scene without being the focus, the inclusion is typically treated as de minimis and not requiring specific authorisation.

Are there special rules for drone photography of buildings?

Drone photography is subject to EU Regulation 2019/947 and Italian aviation rules in addition to the copyright and cultural heritage frameworks discussed above. Aerial photography of protected works for commercial use requires copyright authorisation, cultural heritage authorisation where applicable, and compliance with drone regulations including ENAC rules.

What about photographing artworks in museums?

Museums typically have their own rules, often prohibiting commercial photography and requiring written permission. Beyond museum rules, the Cultural Heritage Code applies to works in state collections. Personal photography for non-commercial use is often permitted but varies by institution.

Can I sell prints or stock photos of Italian buildings I photographed?

For modern architectural works still under copyright, this typically requires authorisation from the architect (or heirs/assignees). For works in the public domain, copyright authorisation is not required, but cultural heritage authorisation under D.Lgs. 42/2004 may apply for commercial reproduction.

How DANDI supports photography and architectural clients

DANDI.media supports photographers, content creators, publishers, advertising agencies, and businesses on Italian freedom of panorama and related image clearance matters:

• Clearance analysis: identification of copyright and cultural heritage authorisation requirements for specific photographs and projects;
• Soprintendenza submissions: preparation and submission of authorisation requests to relevant cultural heritage authorities;
• Architect and copyright holder negotiations: licensing of reproduction rights from copyright holders of modern architectural works;
• Cross-border projects: comparative analysis for projects spanning multiple FOP jurisdictions;
• Stock photography compliance: review of photographic portfolios for stock photography library compliance with Italian requirements;
• Dispute resolution: representation in disputes over unauthorised reproductions of protected works.

For an initial consultation, book directly with Avv. Claudia Roggero or Avv. Donato Di Pelino.

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