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In the film industry, plagiarism poses a constant threat to the rights of creators. Copyright, as a legal institution, aims to ensure that authors can enjoy the fruits of their labor by protecting their works from unauthorized exploitation.
Plagiarism in the cinematic context occurs when a film reproduces key elements of another work without the authorization of the rights holders. A case of plagiarism arises when one work is recognizable in another.
Plagiarism not only causes moral (non-economic) harm but can also financially damage the authors and rights holders of the original work, as they alone have the right to its economic and commercial exploitation.
A recent case that sparked debate involved the animated film Rango (2011). The film’s producers and distributors were accused of plagiarizing the Man with No Name character, played by Clint Eastwood in Sergio Leone’s Dollars Trilogy (A Fistful of Dollars 1964, For a Few Dollars More 1965, The Good, the Bad and the Ugly 1966).
Despite the accusations, the trial court ruled that there was no plagiarism, a decision that was later upheld on appeal. The court reasoned that when Rango references the Man with No Name, replicating his facial features, clothing, and moral stance, it is more of a homage to the actor rather than an appropriation of the character itself.
Furthermore, the court highlighted the briefness of the character’s appearance in Rango, seeing it more as a tribute to Clint Eastwood as an actor and director rather than an unlawful appropriation of the Man with No Name.
For a character to be protected in its own right, it must have relevance independent of the actor portraying it. According to the court, this was not the case for the Man with No Name (unlike, for example, James Bond, whose copyright protection is entirely separate from the actors who have played him).
The court concluded that it is impossible to refer to the Man with No Name without considering Clint Eastwood’s charisma, thereby denying any independent copyright protection for the character itself.
Additionally, when comparing the plots of Leone’s Dollars Trilogy with Rango, no significant similarities were found. Thus, the court ruled that there was no recognizable reproduction of Sergio Leone’s works in Rango, stating: “These are entirely different plots and characters, sharing nothing in common except for a brief visual reference to Clint Eastwood in the film ‘Rango’” (Court of Appeal of Rome, Special Business Section, Judgment No. 5432 of August 31, 2022).
To establish plagiarism, a thorough analysis of precedents is always necessary to determine which elements have been copied and whether such reproduction is legally permissible.
Throughout film history, many plagiarism accusations have resulted in nothing or have likely been settled privately.
For example, James Cameron was accused of plagiarism for Avatar (2009), allegedly resembling Aida of the Trees (2001), an Italian animated film directed by Guido Manuli. Cameron reportedly invited the Italian production company La Lanterna Magica to his Cape Cod estate, and the dispute was amicably resolved.
Another high-profile case involved the award-winning film The Shape of Water (2017), accused of copying almost entirely from the stage play Let Me Hear Your Whisper.
Similarly, The Terminator (1984), also by Cameron, faced allegations of plagiarism regarding its opening scene, allegedly taken from the series The Outer Limits, written by Harlan Ellison.
These cases illustrate the complexity of evaluating plagiarism claims and the careful consideration required to determine when ethical and legal boundaries have been crossed.
Under Italian and European law, the use—whether partial or complete—of another person’s film is generally prohibited. However, an exception exists when the second work, despite incorporating elements of the original, is sufficiently new and original to be considered an independent creation.
In particular, parody, caricature, pastiche, critique, or satire allow the use of pre-existing works because they radically alter the artistic message and intention.
Beyond satirical or transformative works, there are specific cases where referencing another work is legally permissible.The Italian copyright law (Legge sul Diritto d’Autore – l.d.a.) sets out limited exceptions, including:
These exceptions define the conditions under which copyrighted material can be used without the author’s consent.
For example, a journalist may quote parts of a book or display an artwork in a news report, provided it is necessary for informing the public. However, such reproduction must be proportionate and strictly limited to the informative purpose.
Similarly, Article 70 l.d.a. allows for the quotation or reproduction of parts of a work for criticism or discussion. This applies to contexts such as literary reviews or academic analysis, provided the use is justified by the purpose and does not affect the commercial value of the original work.
One of the key challenges in copyright law is distinguishing between lawful inspiration and unauthorized copying. Many films draw from common themes, narratives, and motifs, which is natural in artistic evolution. However, there is a fine line between inspiration and direct copying, which can be highly subjective and contested.
Several indicators help differentiate inspiration from plagiarism:
“A derivative cinematic work that, through satire and mockery, conveys an original and creative message cannot be reduced to mere counterfeiting; instead, it is lawful under the parody exemption.”
This principle was established by the European Court of Justice in Judgment No. 201 of September 3, 2014 (Case C-201/2013).
Parody is also recognized as a constitutionally protected right under Italian law, as part of the broader right to freedom of expression (Articles 21 and 33 of the Italian Constitution).
To qualify as a parody, a work must:
Despite the lack of explicit statutory regulation in Italy, parody is legally recognized as a legitimate form of creative expression. It is protected under constitutional principles and is therefore beyond dispute in terms of its legality.
This comprehensive analysis highlights the complexities of plagiarism in cinema, the boundaries of copyright law, and the legal protections available to creators and rights holders. If you need legal assistance on copyright matters, consulting an expert is essential to safeguard your creative works.
Luigi Sagliocchi
