BY GAJA HUBBARD
Sicilian author Giovanni Verga wrote the short novel Cavalleria Rusticana with the main goal of exposing the harsh impact that the compulsory military service had on rural communities of Southern Italy. While previously only mercenaries had served in the Army of the Kingdom of the two Sicilies, in the new unified nation young men like Turiddu were torn away from their land, families, and loves for five long years, fueling desertion, brigandage, and the rise of the Mafia.
Verga’s novella was more than just fiction—it was a response to a tragic reality, inspired by a real news story that haunted the Sicilian author. He later adapted the work into a theatrical play, which was brought to success by none other than Eleonora Duse, the greatest theatrical diva of the time.
In the same period, in contrast with Verga’s glory, the young and unknown Pietro Mascagni was living “a life of deprivations and misery” teaching music in the small town of Cerignola, Apulia. When a prestigious opera competition organized by leading Publisher Sonzogno came up, offering 3,000 lira and a chance to premiere the winning work at Rome’s Teatro Costanzi, Mascagni saw his opportunity. His friend and fellow Livornese Giovanni Targioni-Tozzetti suggested Cavalleria Rusticana as a subject, advising Mascagni to contact Verga and resolve any potential copyright issues.
Mascagni and the two librettists, Targioni-Tozzetti and Guido Menasci, worked feverishly to adapt Verga’s novella, submitting their opera along with 72 other contestants. The cover page had Verga’s permission printed on it, although Verga was completely unaware that his work was being turned into an opera!
When Cavalleria won first place Mascagni had no choice but to reach out to Verga and beg him not to crush “the golden dream of a starting career”.
Verga agreed and asked for a share of the profits from future performances. They both signed a contract with the vague promise to pay the portion of profits required by the law.
As Cavalleria Rusticana became a sensation, Mascagni and the music publisher Sonzogno offered Verga a single forfeit payment, hoping to close the issue once and for all. Verga’s Sicilian blood boiled at the insult, and he took both Mascagni and Sonzogno to court. What followed was a high-stakes legal battle that would last for years, ultimately involving three sets of proceedings between 1891 and 1892, in front of the Tribunal of Milan, the Court of Appeal, and the Cassation Court in Turin. It was a fiery trial with Verga fighting for his rights and Mascagni trying to minimize Verga’s contribution claiming the writer had merely “sewn together newspaper clippings and lawsuits.”
The pre-unification legislation landscape was a fragmented mess, with each little state having its own laws. The first national copyright of the unified Kingdom of Italy, was introduced in 1882. Unfortunately the legislator didn’t put too much thought into the discipline of the complex nature of operas. The norm simply divided into an even fifty-fifty the rights of composer and librettist. This instance wouldn’t really apply to Verga’s position, him being the mere source of inspiration, not the actual librettist.
Nevertheless the Tribunal of Milan ruled in Verga’s favor, granting him 50% of the net revenue. The Court of Appeal later reduced Verga’s share to 25%, giving the remaining 25% to the actual librettists. The ruling of the Court was strongly opposed by Doctrine, Jurisprudence and public opinion. The overvaluation of Verga’s role was perceived as disproportionate, “disgusting to common sense” and against the custom, considering that even Vincenzo Bellini who adored his librettist Felice Romani had always compensated him with a flat fee.
The case of Verga vs. Mascagni reverberated far beyond the courtroom, influencing reforms in Italian copyright law. It highlighted the complexity of collective works like operas, raising important questions about how to fairly divide profits among composers, librettists, and literary sources. Ultimately legal reforms favored composers recognizing their paramount role, and adjusted composer royalties to 75%, to reflect the reality of creative collaboration.
In the end, Cavalleria Rusticana became more than just an opera—it became a symbol of the changing landscape of intellectual property and the battle for creative ownership. As French author Stendhal once wrote, “The libretto is only a skeleton covered in flowers.”
Gaia Hubbard is a mezzo soprano and member of the OSB Chorus since 2017. Born in Florence, Italy, Gaia is a graduate of the Luigi Cherubini Conservatory of Music. She also holds a Law degree from the University of Florence, where her graduate thesis was titled ‘A disputed libretto: copyright and musical works in light of the Verga-Mascagni case’.