Italian Supreme Court Rules on False Art Attribution and Personal Identity

The Italian Supreme Court (Corte di Cassazione) issued Order No. 15821 on May 22, 2026, clarifying the legal protection against false attribution of artworks. The Court ruled that the right to disclaim authorship of a falsely attributed work does not fall under moral rights as per the Italian Copyright Law (Law No. 633/1941), but rather under personality rights, specifically the right to personal and artistic identity, protected by analogy through the right to name under Articles 7 and 8 of the Civil Code. The case originated from an action by the relatives of a deceased artist before the Court of Milan, seeking a declaration that certain works attributed to the artist were false. Both the Milan Court (June 7, 2023) and the Milan Court of Appeal (June 3, 2025) had ruled in favor of the relatives, declaring the works non-authentic based on expert evidence. The Supreme Court upheld the protection but corrected the legal basis, emphasizing that the action is not about verifying a historical fact but about protecting a personality right. The Court also recognized that such an action can be brought not only by the author but also by family members with a legitimate interest. The case was remanded for further proceedings.