Milan court rules Daniel Cox's howling wolf photo is protected artwork
On April 23, 2020, ruling No. 2539 was issued by the Specialized Business Section of the Milan Court, recognizing Daniel Cox's image of a howling wolf as an "opera fotografica" according to Italian copyright law. Antonio Marras, a fashion designer, unlawfully utilized this photograph in his autumn/winter 2014-2015 collection. In response, Cox filed a lawsuit for copyright infringement, while Marras contended that the image lacked the necessary creativity for copyright protection. The court dismissed Marras's arguments, highlighting Cox's unique artistic touch and innovative use of chiaroscuro. The photograph's artistic merit was further validated by its presence in Rebecca L. Grambo's book and features in National Geographic and Nikon Learn&Explore. Consequently, the court barred Marras from using the image again and mandated damages and legal fees.
Key facts
- Milan Court ruling No. 2539 issued April 23, 2020
- Daniel Cox's wolf photograph declared 'opera fotografica' under Italian copyright law
- Antonio Marras used the image on autumn/winter 2014-2015 women's collection without permission
- Court found Cox's photo shows personal imprint, creative use of chiaroscuro and light-shadow play
- Photo published in 'Wolf: Legend, Enemy, Icon' by Rebecca L. Grambo, National Geographic, and Nikon Learn&Explore
- Marras ordered to cease reproduction, pay damages and legal costs, and sanctioned for bad faith
- Ruling references meta-legal criteria for artistic merit
- Case highlights distinction between 'photographic work' and 'simple photograph' under Italian law
Entities
Artists
- Daniel Cox
- Antonio Marras
- Yongqing Bao
- François Baelen
Institutions
- Tribunale di Milano
- Sezione Specializzata in Materia di Impresa
- National Geographic
- Nikon Learn&Explore
- Wildlife Photographer of the Year
- Underwater photographer of the year
- Artribune
Locations
- Milano
- Italy