Legal notes

Photographs

The photographs on this website are property of the author, Giovanni Carrieri. All photographs are protected by copyright, in compliance with the copyright laws. Law 22 April 1941, n. 633 - DPR 19/79 - Decree 154/97 - Law 248/2000 - Berne Convention, CJEU Judgment C-161/17.

Protection extends both to creative photographic works, safeguarded under Article 2, no. 7, of Italian Law 633/1941, and to so-called simple photographs under Articles 87 et seq. of the same law, which may not in any event be used without the author's consent. In both cases, Article 88 of Law 633/1941 grants the photographer the exclusive right to reproduce and disseminate the work.

Any violation of these rights may entail the criminal or administrative sanctions set forth in Articles 171, 171-bis, 171-ter, 174-bis and 174-ter of Italian Law 22 April 1941, no. 633, in addition to the civil remedies provided by the Italian Civil Code and the injunctive and compensatory protections, including for moral damages, under Articles 156 et seq. of the same law.

The photographs of models were made with the consent of the photographed subjects, who have issued a specific disclaimer.

The photographs taken from this website may not be used under any circumstances for purposes other than education or personal use only.

It is not allowed any manipulation and reuse of taken photographs. Photographs cannot be cropped, combined with other images, altered in their integrity and associated with symbols or texts affecting their nature and significance. It is not allowed their resizing, cropping of details and other alterations.

For photographs use that is different from that strictly personal, is mandatory, in any event, to request the author the prior authorization for use.

Sharing on social networks is allowed through the buttons on the website. For other forms of sharing or links to other sites, you must request permission to the author.

The author is not responsible for an unlawful or improper use that may be made of their photographs taken without permission.

The present rules are absolutely unbreakable. By accessing the site and consulting the photographs you agree to these rules, to conditions of copyright protection, to Italian and international laws concerning the protection of copyright.

The principle of consent

The cornerstone of copyright protection is the principle of consent, which takes the form of a prior authorization granted by the rights holder for the use of the work. In the absence of such consent, any economic exploitation - and in particular any promotional or commercial use, or any use capable of enhancing the attractiveness of a website, social page, product or service - constitutes a violation of copyright, irrespective of the existence of a direct and measurable profit and regardless of the duration of the publication.

Watermarks and identifying marks

All photographs published on this website bear a watermark indicating the author's name and the year the picture was taken, in accordance with Italian Law 633/1941. The presence of the watermark does not in any way authorise free use of the work; on the contrary, it is an unequivocal indication of the ownership of rights and provides interested third parties with the reference needed to request the author's consent.

The removal, even partial, of the watermark, as well as the alteration, cropping or anonymisation of the work, constitutes an aggravated conduct that simultaneously harms the author's economic rights and moral rights under Articles 20 and 21 of Law 633/1941, and is a relevant factor in assessing bad faith for the purposes of quantifying damages. The EXIF metadata embedded in the photographs generally allows the forensic reconstruction of authorship even where the watermark has been visually removed.

Availability of images online and unlawful use by third parties

The circumstance that a photograph is retrievable through search engines, shared on third-party platforms, or already appears - possibly without a watermark or without indication of authorship - on other websites does not in any way affect the author's rights, nor does it legitimise further unauthorised use. According to the consolidated case law of the Specialised Business Division of the Court of Bari, unlawful use by third parties, however widespread, is irrelevant to the assessment of the individual user's own conduct, who remains bound to verify ownership and to request the author's prior authorization. Similarly, the diffusion of the depicted subject (such as a well-known place or monument) does not deprive the photograph of its authorial character, which lies in the choice of framing, lighting, filters, timing and, more generally, in the photographer's personal interpretation of reality.

Removal following a cease-and-desist notice

The removal of a photograph from a website, social network or any other medium following receipt of a cease-and-desist or formal notice from the author does not cure the violation already committed and does not extinguish liability for the economic and moral damages arising from the prior unlawful use. Such subsequent conduct may at most be taken into account in the quantification of damages, but does not exclude the existence of liability itself, whose ascertainment remains unaffected.

Liability of the website owner and of delegated parties

The owner of the domain and of the website on which a third party's photograph is published is directly responsible for the lawfulness of the content disseminated in their name, regardless of whether the creation of the website, its management or the insertion of images was delegated to third parties (communication agencies, web designers, collaborators, partners, suppliers). A duty of supervision and oversight over the content published in their name always remains with the owner, with consequent joint and several liability under Article 2055 of the Italian Civil Code together with those who materially carried out the unlawful conduct.

Case law precedents

The principles set out above are consistently reflected in numerous rulings of the Specialised Business Division of the Court of Bari, which have recognised, in favour of the undersigned, the infringement of copyright and the harm to the author's moral and economic rights, and have ordered the defendants to pay damages, issued injunctions and awarded legal costs. By way of example and not of limitation, reference is made to judgment no. 531/2021, judgment no. 2888/2022, judgment no. 423/2024 and the more recent judgment no. 3449/2025, all issued by the same Specialised Division.

Website

The website www.giovannicarrieri.com is owned by Giovanni Carrieri.

Privacy and Cookies

For information on personal data processing and the use of cookies, please refer to our Privacy and Cookie Policy.

Responsibility

The author cannot be held responsible for damages or injuries that may result to the user while accessing the website, as cannot be held responsible for any malfunction of the website itself.

Jurisdiction

Any dispute relating to the ownership and use of the photographic works published on this website shall be subject to the exclusive jurisdiction, by reason of subject matter, of the Specialised Business Division of the Court of Bari (Italy).

Uses

Free use of the photographs is not permitted. Requests of that kind will not be answered. Anyone using the photographs without the author's prior authorization and without payment of the relevant usage fees will be prosecuted in the competent courts, with claims for compensation of economic and moral damages, injunctive relief, publication of the judgment and reimbursement of legal costs.