Biographical Works and Personality Rights: Legal Considerations for Biopics.
Biographical films, commonly known as “biopics,” represent an interesting case study within the Italian legal landscape, where the delicate balance between personality rights and freedom of artistic expression requires particular attention. The relevant legal framework is based primarily on Articles 2 and 21 of the Constitution, which protect, respectively, the inviolable rights of the individual and freedom of expression. In addition, Articles 6–10 of the Civil Code govern the right to one’s name, image, and privacy.
The Court of Cassation, in its ruling No. 20925/2005, held that a biographical work is protected by copyright under the Copyright Law Copyright Law No. 633/1941) when it exhibits originality in the creative reworking of historical facts, as manifested through distinctive stylistic and compositional choices.
A crucial aspect concerns the requirement for prior authorization from the subject of the biography or their heirs.
The prevailing legal doctrine does not require such authorization, provided that three fundamental conditions are met:
The narrative must be based on facts that are in the public domain or verifiable;
The reporting of facts must respect the individual's personal dignity
Fundamental rights such as honor and reputation must not be violated.
This approach is based on the principle that the life stories of public figures are part of the collective cultural heritage and cannot be subject to exclusive rights, without prejudice to the protection of personality rights.
As for the practical aspects, it is advisable to:
Notify the affected parties in advance
Carefully document the sources used
Include a disclaimer regarding the creative nature of the work
A prime example is the film "Aline: The Voice of Love" (2021), an unauthorized biopic inspired by the life of Céline Dion. Although the film changed the characters' names, it remained closely faithful to the singer's story, demonstrating that it is possible to create legitimate biographical works even without authorization, provided that legal and ethical boundaries are respected.
Case law has repeatedly confirmed that the right to report news and offer historical criticism, when exercised in accordance with the principles of truth and restraint in expression, takes precedence over the right to privacy in matters of public interest involving public figures.
It is interesting to note the difference from the U.S. system, where the "right of publicity" grants the individual exclusive control over the commercial use of their personal identity, resulting in a more restrictive approach to the creation of unauthorized biographical works.
In the event of a violation of personality rights, Italian law provides for both compensatory remedies (pursuant to Article 2043 of the Civil Code) and injunctive relief (pursuant to Article 700 of the Code of Civil Procedure), ensuring adequate protection for the individuals involved.