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ARTICLE · 29 JUNE 2015

Image Rights: What Are The Limits To Their Exploitation?

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In a judgement published on 9 February 2015 (No. 1699/2015), the judges of the specialized intellectual property ('IP') Section of the Milan Court outlined the limits to the use of an individual's image, in the absence of his/her consent.

ItalyIntellectual Property
Ida Palombella
Ida Palombella
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In a judgement published on 9 February 2015 (No. 1699/2015), the judges of the specialized intellectual property ('IP') Section of the Milan Court outlined the limits to the use of an individual's image, in the absence of his/her consent.

The dispute arose following the commercial use, by RCS Mediagroup S.p.A. ('RCS'), of some merchandising products through the daily newspaper 'La Gazzetta dello Sport'. More specifically, RCS marketed medals depicting the well-known former football player, Gianni Rivera, DVD containing video clips of football matches and interviews released inter alia by the latter, and a photographic portfolio showing the same (both on and off the pitch).

Gianni Rivera brought action against RCS, contending that the commercial exploitation of his image rights without his prior consent was unlawful.

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