“No to Siae rights for photos if used for critical purposes”. The sentence that can change all the rules

For photos of works by artists registered with the Yes published in the art magazine Oh ArtMag the same does not have to Society of Authors and Publishers no reproduction rights. This was established by the Justice of the Peace of Lucca, confirming “the key principle of the law on copyright, according to which the use of images for the purposes of criticism and discussion is free and as long as they do not constitute competition for economic use” .

This was explained by the same magazine, based in Viareggio, both a paper and online publication, making the decision known. The magazine Oh ArtMag had appealed in opposition to the Court of Lucca, with the lawyer Leonardo Dell’Innocenti and Rossella Bruno, to a writ of injunction from Siae.

In particular, the judge found that the magazine’s conduct “does not amount to a violation of the right to reproduce works of art, since it is not the actual user of the works of art and has not profited from them”. The sentence states that Aw ArtMag “is an art magazine that deals with reviewing national exhibitions and events. It is therefore an intellectual work and therefore protected by article 1 of the copyright law” and “there is then that effectively the replication of the work for the format cannot be used for reproduction”.

“For two years now, long and tormented”, this is the comment of the magazine in a note, “that we have been fighting” against the “claims” of Siae “which no longer intends to recognize the law of copyright and had turned to us with requests, moreover economically exaggerated, for money for the publication of images of registered artists. We tried with various articles and the organization of a conference to involve all interested parties (from artists to gallery owners to publishers).

In July 2022, Riccardo Nencini, president of the Culture Commission in the Senate, presented a parliamentary question. We even published a black number of Aw ArtMag as a sign of protest!” within the magazine”: “Few – – concludes the note in which satisfaction is expressed – would have bet on the favorable outcome of this ruling, which obviously does not only concern our newspaper but benefits all publications that present characteristics similar to ours”.

Here comes reply from Siae who specifies: “the issue debated does not concern the exercise of the right of criticism and discussion at all, but a much more banal matter: the publication on the page of a magazine, AW ArtMag, of the reproduction of a protected work for advertising purposes. Art galleries, newspapers or art magazines must also operate in their business activities with respect for the intellectual work of others. If this does not happen, Siae has the duty to intervene also judicially, as happened in this case, to ensure its members receive the right remuneration for the economic exploitation of their works”.

For this reason, the society of authors and publishers says “Siae will appeal the sentence to obtain its complete reform”.