Image Release and Consent Under Italian Law: A Practical Guide to Photo and Video Releases

Whenever a person’s image — face, voice, body, or other identifying features — appears in a photograph, film, advertisement, or commercial publication, Italian law generally requires their consent. This consent is typically formalised through an image release (in Italian, liberatoria) — a written document by which the depicted person authorises specific uses of their image.

Without proper releases, productions risk costly disputes, injunctions, takedowns, and damages claims. This guide provides a practical framework for image releases under Italian and EU law. For the foundational right to image framework, see our guide on the right to image. For the broader copyright framework, see our master pillar guide to copyright law in Italy and Europe.

Legal foundation: Articles 96-97 LDA and Article 10 Civil Code

Italian image rights rest on three pillars:

• Article 10 of the Italian Civil Code: prohibits the publication or display of another person’s image where it harms their decorum or reputation, or is otherwise displayed without authorisation in cases prohibited by law;
• Article 96 of the Italian Copyright Act (LDA): the portrait of a person cannot be exhibited, reproduced, or commercialised without their consent (except in cases under Article 97);
• Article 97 LDA: consent is not required where reproduction is justified by the person’s notoriety, public role, judicial or police necessity, scientific/educational/cultural purposes, or where the image relates to facts, events, or ceremonies of public interest or held in public.

The GDPR (Regulation EU 2016/679) adds a parallel privacy framework: a person’s image qualifies as personal data, requiring valid legal basis (typically consent) for processing.

When a release is needed (and when it isn’t)

Release required:

• Commercial use of identifiable persons (advertising, marketing, promotional content);
• Editorial use that goes beyond pure news reporting;
• Film, television, and audiovisual productions featuring private individuals;
• Stock photography and video where persons are identifiable;
• Documentary projects featuring participants in non-public capacities;
• Social media content used commercially (influencer campaigns, brand partnerships);
• Photography used in books, magazines, calendars sold commercially.

Release generally not required (Article 97 LDA exceptions):

• News reporting of public events;
• Public figures in their public capacity (politicians, athletes during competitions, public officials performing duties);
• Crowd shots where no individual is the focus;
• Scientific, educational, or cultural publications with appropriate framing;
• Police, judicial, or administrative purposes.

Even where Article 97 applies, the use must not harm the person’s decorum or reputation — that limit always applies under Article 10 Civil Code.

Key elements of an effective release

A well-drafted release should specify:

• Identity of the parties: full names of the depicted person and the entity acquiring rights (production company, photographer, advertiser);
• Specific description of the content: what photographs, footage, recordings are covered;
• Scope of authorised use: which media (print, online, broadcast, streaming, social), which territories, which language versions;
• Duration: limited period (e.g., 5 years) or the full duration of copyright protection;
• Modifications and edits: whether the production may edit, modify, or recontextualise the image (important for AI processing);
• Compensation: payment amount, payment terms, or explicit acknowledgement that consent is provided without compensation;
• Specific exclusions: contexts where use is not permitted (e.g., adult content, political advertising, specific competitor brands);
• Right to revoke: GDPR-mandated right to withdraw consent and the practical consequences;
• Personal data clause: GDPR-compliant information notice on data processing;
• Signature, date, and witness: signed by all parties, dated, ideally witnessed.

For productions distributed in multiple jurisdictions, the release should be adapted to local requirements. US-style “perpetual worldwide rights in all media now known or hereafter invented” clauses do not automatically transpose to Italian frameworks, where overly broad consent can be challenged under Italian and GDPR principles.

Releases involving minors

Releases involving persons under 18 require parental or legal guardian consent. Both parents (where applicable under Italian family law) should sign. For minors over 14, GDPR also requires the minor’s own informed agreement alongside parental consent for online services.

Specific considerations:

• Schools, sports clubs, and youth organisations often have standardised release forms — verify current adequacy;
• For minor performers in audiovisual productions, additional labour law requirements apply (working hours, educational supervision);
• For commercial use of minor’s image, exceptional scrutiny applies — the Italian Privacy Authority (Garante) has specific guidance;
• Minor’s consent can be more easily revoked upon reaching majority.

AI consent and deepfake protection

The emergence of AI-generated and AI-modified imagery has transformed image release practice. Modern releases should specifically address:

• AI training: whether the depicted person’s image may be used to train AI models;
• AI deaging, beautification, or modification: scope of permitted visual modifications;
• Voice cloning: separate consent for use of voice in AI synthesis;
• Deepfake protection: explicit prohibitions on AI-generated content using the person’s likeness in unauthorised contexts;
• Posthumous AI use: provisions on AI use after the person’s death (which would require heir consent under Italian personality rights framework).

The EU AI Act (Regulation 2024/1689) imposes transparency obligations on AI-generated content depicting identifiable persons. Italian Law 132/2025 adds national-specific provisions. For Italian audiovisual productions accessing the cinema tax credit, the mandatory AI clause under Article 7 paragraph 6 D.I. MiC-MEF 225/2024 requires specific AI consent provisions in production contracts.

Consequences of missing releases

Distribution of identifiable images without proper release exposes the producer to:

• Injunctive relief: court orders to cease distribution and remove content from circulation;
• Damages: compensation under Article 10 Civil Code (patrimonial and moral damages), Article 158 LDA, and GDPR Article 82;
• GDPR sanctions: administrative fines from the Italian Privacy Authority (up to 4% of global turnover);
• Distribution disruption: streaming platforms, broadcasters, and film festivals require warranties of clearance — missing releases can block distribution;
• Errors and omissions insurance issues: insurers can deny coverage for claims arising from missing releases.

For commercial productions, the cost of obtaining proper releases is invariably much lower than the cost of disputes arising from missing ones.

Frequently asked questions

Do I need a release for street photography in Italy?

For personal/artistic use without commercial exploitation: generally no. For commercial use (stock libraries, advertising, books for sale): yes, where individuals are identifiable. The Article 97 LDA exceptions for public events and notorious persons do not extend to commercial appropriation of identifiable individuals.

Can verbal consent be sufficient?

Theoretically yes for non-commercial use, but practically problematic — proving verbal consent in disputes is extremely difficult. For any commercial or substantial use, written release is the standard.

Can consent be revoked?

Under GDPR, consent can always be withdrawn, but withdrawal is not retroactive (uses occurring before withdrawal remain valid). Contractual releases under Italian law are more durable but still subject to limits. Practical impact varies by use.

What about photographs of celebrities and public figures?

Article 97 LDA permits use related to their public role (politicians during official duties, athletes in competition). Use for unrelated commercial purposes (using a celebrity image in advertising without consent) typically requires release and engages personality rights — see our right to image guide for the “evocative value” doctrine.

How long should releases be retained?

For the duration of the rights granted plus a reasonable period for limitation periods (typically 5-10 years after expiration of use rights). For productions in long-term distribution, releases should be maintained for the duration of the copyright in the underlying work.

What if a person depicted is now deceased?

Under Italian personality rights framework, heirs can enforce image rights of deceased persons. For productions involving deceased persons, heir consent is typically required for commercial use, particularly for AI-generated content using the deceased person’s likeness.

How DANDI supports production clients

DANDI.media drafts and reviews image releases for film and television productions, advertising campaigns, photography projects, stock libraries, and AI-related uses. Services include:

• Custom release templates compliant with Italian and EU law;
• Multi-jurisdictional release adaptation for international productions;
• AI consent provisions and deepfake protection clauses;
• Minor releases with parental consent and Italian family law compliance;
• Tax credit AI clause compliance under D.I. 225/2024;
• Disputes and enforcement for missing or defective releases.

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

Related guides

Dandi Law Firm provides legal assistance in several Practice Areas. Check out our Services or contact Us!