For more than two decades, the Naples-born film star Totò dominated Italy’s post-war comedy scene, building an unrivalled reputation for slapstick and verbal wit that made him one of the country’s most beloved household names. Now, the heirs of the late “Prince of Laughter”, as he is commonly known, are locked in a dispute with local shop owners about who has the right to use his name and image, with one MP warning the legal showdown risks consigning the city’s most cherished comedian to oblivion.
Born in 1898 in one of Naples’s poorest neighbourhoods, Antonio De Curtis—Totò’s given name—developed a distinctive style of comedy blending exaggerated facial expressions, surreal linguistic inventions and social satire. His work drew comparisons with the American silent film star Buster Keaton and many of his films, including Cops and Robbers (1951), Gold of Naples (1954) and The Hawks and the Sparrows (1966), enjoy cult status. Totò devotion is especially strong in Naples, where numerous pizzerias are named after the comedian and his films, and souvenir shops sell statuettes bearing his likeness.
However, Totò’s granddaughter, Elena De Curtis, has vowed to protect the comedian’s memory from what she describes as “exploitation”. In 2023 a Turin court ruled against using Totò’s name or his poetry (his poem A Livella is a popular name for pizza joints) without his heirs’ permission. The court instated a €200 fine for infringements.
Since then, the family has sent dozens of letters to business owners demanding removal of references to Totò, according to Italian media reports. “In the most unexpected places, we come across his name and photos being used without the slightest respect for image rights,” Elena De Curtis told the Naples newspaper Il Mattino in 2024.
According to Italian copyright law, the content of books, films, music and art cannot be used until 70 years after their creator’s death, when works enter the public domain. Totò died in 1967, aged 69.
The crackdown has drawn recent criticism from Francesco Emilio Borrelli, a Naples-born MP for the left-wing Greens and Left Alliance, who argues that Totò forms part of the city’s collective cultural heritage. Borrelli tells The Art Newspaper that business owners who had contacted him had voluntarily dropped Totò references to avoid fines. “Totò will disappear from the collective imagination,” Borrelli warns, “because his image is gradually fading away.”
Demands for compensation
Borrelli says neither Totò nor his daughter Liliana De Curtis invoked image rights laws during their lifetimes. “If Totò or Liliana had wanted to monetise on the backs of small Neapolitan merchants, they would have done so while they were alive,” he says.
A mural of Totó in Naples, where the comedian was born. His likeness has appeared on souvenirs and businesses such as pizzerias throughout the city
Photo: Cesare Abbate/EPA/Shutterstock
Antonio Borrelli, a Naples area lawyer (not related to the MP), tells The Art Newspaper he had represented two local artisans who sold tourist memorabilia including Totò statuettes. His clients had received letters demanding they pay €25,000 in arrears for the illegitimate use of Totò’s image over the years, the lawyer says, though this figure had been reduced to as little as €1,500 through negotiation. The statuettes have since been removed from the shops, he says.
The lawyer notes that, under Italian law, images of individuals can be freely used 20 years after their death, meaning many of those contacted by Totò’s heirs may be acting within their rights. “Those statuettes simply represented Totò as a public figure, not scenes or images from his films,” he says. “They could be legally used because more than 20 years have passed.”
He adds that more businesses across Italy were likely to receive similar letters. Elena De Curtis could not be reached for comment.
