Legal Protection Against the Misuse of One's Image

Discovering that one's photograph or a video featuring us has been used without consent, especially for commercial or advertising purposes, generates a profound sense of violation of one's private and professional sphere. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci perfectly understands how such unlawful conduct is not merely an annoyance but a genuine economic and moral damage that deserves compensation. The right to one's image is a personality right constitutionally guaranteed and protected by Article 10 of the Civil Code and by the Copyright Law. When this right is violated, the law provides specific tools to obtain the removal of the content and adequate financial redress.

Regulatory Framework: When Image Use is Unlawful

The Italian legal system establishes a fundamental principle: a person's image cannot be displayed, reproduced, or marketed without their express consent, except in specific cases provided by law (such as the notoriety of the person or for justice and police purposes). However, even in the presence of exceptions, the use of an image can never prejudice the honor, reputation, or dignity of the person depicted. The violation becomes particularly serious when the image is exploited for profit, for example in advertising campaigns, company websites, or promotional material, without the depicted subject having authorized such exploitation or received compensation. In these circumstances, the right to compensation arises both for material damage (the price of consent that could have been requested) and for non-material damage (moral suffering or injury to the personal sphere).

Bianucci Law Firm's Approach to Damages Compensation

Avv. Marco Bianucci, operating as an expert lawyer in damages compensation in Milan, adopts a rigorous strategy to protect those who have suffered the misuse of their image. The firm's approach is not limited to sending a generic warning but proceeds with a detailed analysis to correctly quantify the damage. The first step consists of an injunction, i.e., an immediate request for the cessation of unlawful use and the removal of content. Subsequently, the quantification of compensation proceeds. Avv. Marco Bianucci assesses the so-called "price of consent," meaning how much the company should have paid to legitimately obtain that photo, increased based on its dissemination, the duration of its display, and the medium used. The goal is to achieve a swift and satisfactory out-of-court settlement, resorting to legal action only when the opposing party does not recognize the rightful compensation.

Frequently Asked Questions

I found my photo on a company website without permission, can I claim damages?

Absolutely yes. The use of a personal image for commercial or promotional purposes always requires specific written consent (release). If this is lacking, you are entitled to compensation for material damage, calculated based on what the legitimate use of the image would have cost, plus any moral damages.

How is the compensation amount calculated?

Compensation is not fixed but varies based on several parameters: the notoriety of the person depicted, the medium of dissemination (web, print, television), the duration of use, and, above all, the economic benefit obtained by whoever used the photo improperly. Avv. Marco Bianucci analyzes each individual aspect to maximize the compensation claim.

Is it enough to have published the photo on social media to authorize its use?

No, this is a common mistake. Publishing a photo on one's social media profiles does not make it public domain for commercial purposes. If a company takes a photo from your Instagram or Facebook profile and uses it for advertising without asking for your permission, they are committing a legally actionable offense.

What happens if I had given consent but it was used for different purposes?

Consent is valid only within the limits for which it was granted. If you signed a release for a specific use (e.g., internal company use) and the photo is used for a national advertising campaign, this constitutes a breach of contract and violation of the right to image, entitling you to further compensation.

Request an Assessment of Your Case in Milan

If your image has been used without authorization, acting promptly is crucial to stop its dissemination and ensure compensation. Avv. Marco Bianucci, an expert lawyer in damages compensation, is available at the firm located at Via Alberto da Giussano 26 in Milan to examine your situation and define the best protection strategy.