Qualche nota su fotografia, diritto d’autore e libere utilizzazioni

Abstract

The legal issue of authorship in the field of photography is still unsettled. Italian and European courts which have assessed the relevant threshold have come up with somewhat conflicting decisions. Authorship, and consequently full copyright protection, have a natural impact on the dissemination and use of photographic works by third parties, touching fundamental rights like the freedom of speech and research. However, concerns like the narrowing of the role of photographs as tools for nurturing the public discourse should be better addressed on the ground of limitations and exceptions to the exclusive right to exploit photographic works, rather than in terms of access to copyright protection.