Italian Court Rules on Unauthorized Use of Audrey Hepburn's Image

A Turin court ruling (February 27, 2019, no. 940) addressed the unauthorized use of actress Audrey Hepburn's image on t-shirts by the Let's Bubble line, which depicted her with alterations like a raised middle finger, tattoos, and bubble gum. Hepburn's heirs, after attempting mediation, sued the company for violation of image rights. The court found the reproduction illegal under Article 96 of copyright law, which requires consent for portrait use. It rejected defenses under Article 97 (public interest, notoriety, cultural purposes), citing lack of public interest and predominant commercial exploitation. The court also noted that the creative reinterpretation did not grant autonomous artistic value. Notably, the court considered the failed mediation: the company did not attend without justified reason, leading to additional penalties including payment of the unified contribution, damages, and legal costs. The ruling underscores the importance of mediation in intellectual property disputes, as it can reduce costs and time, and failure to participate may have adverse evidentiary consequences.