The Battle for Totò’s Image Rights Continue
TORONTO – Since a Torino court ruling in 2023, heirs to the late Antonio de Curtis (aka Totò) estate have secured the post-mortem right of publicity over the use his image. What that means is that his image must be licensed from the estate. This is of course a standard legal ruling, as under Italian Copyright Law the rights to an artist’s work extend for 70 years after the creator’s death. In Totò’s case, his work doesn’t enter the public domain until 2037.
In Napoli however, and more specifically in the Rione Sanità district where the actor was born, his name and image has been in wide use across “numerous” small businesses and vendors, including pizzerias, restaurants and souvenir shops. The issue of Totò’s image rights has recently resurfaced due to a spate of warning letters issued [to merchants] by his granddaughter Elena De Curtis and her legal team.
Elena De Curtis might be considered a polarizing figure in Napoli, but she has also painstakingly curated and rediscovered many of her grandfather’s literary works, including his poems and lyrics. She is certainly genuine in her attempts to protect and defend her grandfather’s legacy against what she believes is an unmitigated exploitation of his image.
Yet her recent legal letters have sparked some pushback from the community, including from MP Francesco Emilio Borrelli, a member of the Chamber of Deputies (Campania constituency). “Totò belongs to the Neapolitan people and its history, not to those who make it a matter of income today”, stated Borrelli in a recent interview.
The politician, formerly a journalist, argues that Totò is part of “Naples’ collective cultural heritage”, and that his granddaughter’s aggressive litigation threatens to erase the memory of not only an Italian icon, but more importantly to the locals, a hometown hero.
Borrelli’s remarks followed the dozens of cease-and-desist letters which were sent to business owners, demanding they remove references to Totò. And while a previous court ruling instated a €200 fine for individual infringements, Totò’s heirs have in some cases demanded up to €25,000 in arrears from local shop owners – a figure which has reportedly been negotiated down to €1,500.
The move has caused many to drop the name to avoid legal disputes, but the conversation about the actor’s legacy and its lasting effect within the region continues. Some critics are citing that neither Totò nor his daughter Liliana pressed small business owners over licensing rights while they were alive.
Considering the actor remains one of Italy’s most celebrated film icons, and was even considered Italy’s Buster Keaton, the legal dispute is being viewed as an offence to the man’s cultural legacy. Especially considering the “offenders” are mostly local shop owners, and not big Movie Studios or corporations.
Image of Elena De Curtis (Toto’s granddaughter) courtesy of Fabio Di Nunno
Massimo Volpe is a filmmaker and freelance writer from Toronto: he writes reviews of Italian films/content on Netflix
