Recently the Court of Torino has decided a case on the unauthorized publication of photographs on a website without the Author’s prior authorization and determining the quantification of damages on the basis of the principle of "price of consent".
The author of certain photographs, realizing that they appeared on a web platform, asked the court to be recognized as the owner of the rights of economic exploitation on them and, secondly the quantification of damages .
The Court of Torino ruled that the illegitimate publication on a website of other people's photographs by unauthorized third parties is a violation of an author’s exploitiation rights, but also that damages violation should be calculated by applying the principle of "Price of consent".
More precisely, according to this criterion, damages for the illegitimate exploitation of copyrights must be quantified on the basis of the sum that the rights holder would have received as consideration following the reaching of an agreement with the user. And the quantification of the "price of consent" must be based on the amount previously requested by the holder for the transfer of each individual photograph, to third parties.