An interior design firm may be protected by copyright

Can a private flat be protected by copyright as a genuine work of the mind? And what happens if its interiors appear, without authorisation, in the background of a music video or on social media? These questions are answered in an order issued by the Court of Milan on 22 September 2026, which addresses a crucial issue at the intersection of design, copyright and the right to the image of places.

The dispute pitted the owners of a Milanese property used for short-term lettings and film sets against the makers of a music video filmed inside the flat. The owners filed an application for interim relief (Article 700 of the Code of Civil Procedure), alleging a breach of their economic rights as copyright holders, as well as damage to their commercial reputation, and seeking an injunction against the use on social media of the videos and photographs taken inside the property, as well as the immediate removal of posts already published.

The central issue addressed by the Milanese court concerns whether home interiors are eligible for protection under Law 633/1941 (the Copyright Act). The Court clarified that copyright protection for the style and furnishings of a private residence arises from an original and harmonious combination of the layout of the spaces, colour schemes, ceiling finishes, use of lighting and placement of works of art. The creativity of the designof the flat must also be demonstrated through very specific evidence: features of the property in well-known trade magazines, and its established use as an exceptional venue.

In the present case, all these prerequisites were met, thereby establishing the legal basis for the application for interim relief. As regards the ongoing nature of the threat, despite the defendants having taken down the YouTube video during the proceedings, the Court clarified that mere voluntary deactivation does not render the interim relief ineffective. If the responsible party fails to demonstrate that they have taken technical and legal measures sufficient to render the removal of the content entirely irreversible, the risk of recurrence remains.

In fully upholding the applicants’ claims, the judge prohibited any further dissemination of the images of their flat and ordered the removal of the posts from social media within 10 days. To ensure the effectiveness of the order, a penalty has been set in accordance with Article 614-bis of the Code of Civil Procedure, amounting to €1,000 for each future breach of the injunction, and €200 per day for any delay in removing the content.