Intellectual Property, Copyright, Portrait rights, Image reproduction, Court of Cassation, III Section Civ., Ordinance n. 8880 of 13/05/2020
Art. 97 L. 631/1941 _ Use of the image _ Patrimonial and non-patrimonial damages. 
passim
The display or publication of the image of others, in accordance with art. 10 c.c. and articles 96 and 97 L. no. 633/1941 of copyright, is abusive not only when it occurs without the person’s consent or without the concurrence of the other circumstances expressly provided for by the law as suitable to exclude the protection of the right to privacy (such as the reputation of the subject taken up, the public office held by the same, the need to pursue justice or police purposes, reproduction of facts, events, ceremonies in the public interest or held in public), but also when, despite the use of that consent or those circumstances, the exposure or the publication is such as to prejudice the burden, reputation or dignity of the person himself “(Civil Cassation Section III of 27 August 2015 n. 17211).
Regarding copyright, the reference provisions, ratione temporis, are the articles 96 and 97 law n. 633/1941 and art. 10 c.c. and the privacy legislation (L n. 675/1996, as modified and integrated by Legislative Decree n. 196/2003, in art. 4, n. 3, regarding consent).
Source Supreme Court of Cassation
