Biographical films, commonly known as “biopics”, represent an interesting case study in the Italian legal landscape, where the delicate balance between personality rights and freedom of artistic expression requires special attention. The regulatory framework of reference is based mainly on articles 2 and 21 of the Constitution, which respectively protect the inviolable rights of the person and the freedom of expression. In addition to these, articles 6-10 of the Civil Code govern the right to a name, image and privacy.
The Supreme Court (decision no. 20925/2005), established that a biographical work enjoys authorial protection under the Copyright Law (L. 633/1941) when it presents characteristics of originality in the creative reworking of historical facts, manifested through distinctive stylistic and compositional choices.
A crucial aspect concerns the need for prior authorization from the subject of the biography or his or her heirs.
The prevailing jurisprudential orientation does not require such authorization, provided that three fundamental limits are respected:
The narrative must be based on facts that are in the public domain or verifiable;
The treatment of the facts must respect the personal dignity of the subject
Fundamental rights such as honor and reputation must not be violated.
This approach is based on the principle that the biographical events of public figures belong to the collective cultural heritage and cannot be the object of exclusive rights, without prejudice to the protection of personality rights.
As far as the practical aspects are concerned, it is advisable to:
Inform the interested parties in advance
Carefully document the sources used
Insert a disclaimer regarding the creative nature of the work
An emblematic case is represented by the movie “Aline: The Voice of Love” (2021), an unauthorized biography inspired by the life of Céline Dion. Although the names of the characters were changed, the movie closely followed the singer's story, demonstrating how it is possible to make legitimate biographical works even without authorization, respecting legal and ethical limits.
The relevant case law has repeatedly confirmed that the right to report and to criticize history, when exercised in accordance with the canons of truth and expressive restraint, prevails over the right to privacy for facts of public interest concerning well-known personalities.
It is interesting to note the difference with the US system, where the “right of publicity” gives the holder exclusive control over the commercial exploitation of his or her personal identity, creating a more restrictive approach to the realization of unauthorized biographical works.
In the event of violation of personality rights, Italian law provides for both compensation (pursuant to art. 2043 of the Civil Code) and injunctive relief (pursuant to art. 700 of the Code of Civil Procedure), guaranteeing adequate protection for the subjects involved.