Image rights and the unauthorized use of one's own portrait on cigarette packs
Plescia's image and the warning that "Smoking causes strokes and disability" Can someone's own image be used without permission? This question may have different answers, depending on both the context in which the relevant image is used and the legal system considered. With particular regard to the latter, in countries that envisage 'image rights' (or publicity rights), the availability of protection may be even irrespective of the context in which one's own image is being used. Italian law This is for instance the case of Italy which, similarly to other continental European jurisdictions, has a long-standing history of protecting image rights. The relevant provision in the Italian Civil Code, ie Article 10 , states that if one's own image is displayed or published outside the cases in which the display or publication is allowed by law, or in situations which are prejudicial to the honour or reputation of the person, a court may...