“CANZONE NAPOLETANA”: THE CONTROVERSIAL ROOTS OF A POWERFUL IDENTITY TOOL

At the beginning of the XX century, Naples and Southern Italy in general have been experiencing high level of emigration, especially to North America. Many neighbourhoods called ‘Little Italy’ were formed in the United States as well as in Canada. Notably, these immigrants, in an attempt to maintain a link with their homeland, found foothold in the ancient and deep-rooted Neapolitan traditions including music (opera), theatre and the figurative arts. Thereafter, Neapolitan song (“Canzone Napoletana”) became a tool to remain Italian for those who were now permanently linked to their status as immigrants and who tried to export some aspects of their cultural roots. The first part of this paper describes the recent developments of the “Canzone Napoletana” as an identity tool, a precious instrument allowing Italian immigrants to identify themselves and therefore survive in the US. We then go back to the origins of the “Canzone Napoletana”, with the aim of highlighting both its historical roots and its corresponding legal treatment. In this respect, in the second part, the Authors will point out that the nature of the “Canzone Napoletana” is different from local folk music as it responds to different needs. Indeed, folk music is conceived as a part of a ritual, and it fulfils a function within such ritual. On the other hand, “Canzone Napoletana” is closely connected to the economic interests of the middle class and music publishers, with the declared intention of becoming an internationally recognized artistic form. Furthermore, the “Canzone Napoletana” took many inspirations from the Neapolitan folk music, even if strongly influenced the style of the “chanson française”. In the third part of this work, the Authors will deal with the legal aspect of the phenomenon, suggesting that this is an area where we assist to a singular interplay between appropriation and call for protection, with the ‘complicity’ of the copyright law of the Kingdom of the Two Sicilies and with the first Italian copyright law, once Naples was annexed to the Reign of Italy. Indeed, on the one hand “Canzone Napoletana” borrowed or better ‘appropriated’ most of the Neapolitan songs in the public domain. On the other hand, the question of protectability still arises given that, as things now stand, Italian law does not seem to pay much attention to the protection of traditional works, limiting itself to the application of the Berne Convention. Eventually, in their conclusions, moving from their legal and cultural analysis, the Authors will assess to what extent the existing legal framework adequately address the phenomenon of the “Canzone Napoletana” and will propose a mixed model based on the integration between copyright laws and cultural rights.