Biographical Works and Personality Rights: Legal Considerations for Biopics.
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 particular attention. The regulatory framework is primarily based on Articles 2 and 21 of the Constitution, which respectively protect the inviolable rights of the person and freedom of expression. These are complemented by Articles 6-10 of the Civil Code, which regulate the right to one's name, image, and privacy.
The Court of Cassation, with sentence n. 20925/2005, has established that the biographical work enjoys copyright protection pursuant to the Law on Copyright (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 biographed subject or his heirs.
The prevailing jurisprudential orientation does not require such authorization, provided that three fundamental limits are respected:
The narrative must be based on publicly available or verifiable facts;
The treatment of 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 subject of exclusive rights, without prejudice to the protection of personality rights.
As for the practical aspects, it is advisable to:
Inform the interested parties in advance
Carefully document the sources used
Insert a disclaimer about the creative nature of the work
A case in point is the film "Aline" (2021), an unauthorized biography inspired by the life of Céline Dion. While changing the characters' names, the film remained closely aligned with the singer's story, demonstrating how legitimate biopics can be made even without authorization, within legal and ethical boundaries.
Case law has repeatedly confirmed that the right to report and engage in historical criticism, when exercised in accordance with the principles of truth and restraint of expression, prevails over the right to privacy for matters of public interest involving well-known figures.
It is interesting to note the difference with the US system, where the "right of publicity" gives the owner exclusive control over the commercial exploitation of their personal identity, creating a more restrictive approach to the creation of unauthorized biographical works.
In the event of a violation of personal rights, Italian law provides both compensatory (pursuant to Article 2043 of the Italian Civil Code) and injunctive (pursuant to Article 700 of the Italian Code of Civil Procedure) remedies, ensuring adequate protection for those involved.