It is obviously a very simple matter to establish to whom the rights, and more specifically the MORAL and SUBSTANTIAL RIGHTS of an INDIVIDUAL "Originál Work" belong. When it comes to Cinema, inasmuch as it is a "JOINT ORIGINAL WORK", it becomes more difficult to determine the ownership of the above rights. The PRODUCER himself has always been the logical owner of the Substantial Rights, but deciding towhom the Moral Rights legally belong has never been an easy task. At the dawn of the Cinema the Lumière brothers, and those who followed in their footsteps, were in fact Inventors-Cameramen-Producers-Distributors of their Films and these individuals were considered as owners of all the rights deriving from their cinematographic works. Later, the need to create more elaborate stories resulted in more people being involved, with each individual being responsible for a particular task. In time, when the producer had chosen the various collaborators, the Scriptwriter had written the story, the Production Designer had created the sets and the "Cameraman" had chosen the best way to frame and photograph them, the Director directed the actors in each scene and the Film Editor combined these scenes in logical sequence. Until an original process was established, step by step and take by take, for the mise-en scene of a Film, which Joseph Von Sternberg possibly first applied consciously in the Twenties and the Thirties. It was certainly brought about deliberately by a number of well-known filmmakers of the period, and, in any case, gave the Director complete control over the camera, making it possible for him to realize the Film from a totally subjective point of view, with the camera functioning as the "storyteller". In fact, stories began to be written in a particular figurative language; Film Direction was no longer merely a way of portraying a scene or directing actors in that scene, but took the form of actual WRITING. During those same years, German Expressionism gave greater strength to the figurative composition of the CINEMATOGRAPHIC IMAGE, and went even further by exploring possibilities for expression which were to have more and more influence on the creative aspect of the way one "sees" a story told in images. A particular way of Directing the Actors, a specific Camera move and a Set created and built in the Studios combined to offer a new type of Cinema created with a new kind of figurative imagination, which always required a more specific form of LIGHTING natural or artificial, which was to gradually characterize these new images in a very precise way. In order to fulfill this need a sharp "new" LUMINOUS-SIGNS was created by a single person who became known as the Director of Photography. He was destined to have a specific function which saw him abandoning his original task of CAMERA OPERATOR, in order to be able to devote all his Energies to the Conceptualization-Realization- Communication of PHOTO-GRAPHY, in the fullest sense of the word: WRITING WITH LIGHT, on the silver screen. Consequently, the Director of Photography became a key figure on every Film—regardless of the genre—by applying artistic concepts to technical operations and giving, via his particular contribution, a continuity to the filmed material. He succeeded in transforming what was a literary-theatrical-broadcasting language into a figurative language, by means of the human eye and its sensitivity to LIGHT. His work was similar to that of an ARTIST as he painted with the light and the colours deriving from it, but could be compared mainly to that of a WRITER, as he wrote in Light that same story which, before he appeared on the scene, could not have been expressed Cinematographically. He did this by interpreting and realizing Images, which followed each other in rapid succession, according to his particular personality in order to communicate them to the audience.

Artist Right - 2 -

Nevertheless, when in 1941 the Italian Law-makers decided to recognize the Authors of a Cinematographic Work, they defined the Writer as the owner of the Literary Copyright; the Composer as the owner of the Musical Copyright, and the Director—and the Director alone—as the sole creator of the Images, and consequently the exclusive owner of the Moral Rights deriving from same. They gave no consideration at all to the creative contribution Light makes to an Art form, especially when this Art form is created with a language of Images and, therefore, cannot exist or call itself such without the LIGHT.
If it is true that a Film Director "writes" with a camera in the same way that an author writes with a pen; if it is true, as many people have maintained for some time, that by establishing the camera's "point of view" ( the space and the perspective according to which the story is visualized for the cinema-goer ) a Film Director acquires an original status as regards that means of expression known as Cinema which establishes him as "Author" of the Images, it is therefore also true that the space which he determines and the other Co-Authors fill would in no way be "visible" to the human eye without the LIGHT, without the contribution of that person who determines the quantity and quality of Light necessary to visualize each individual Image, Scene and Film according to a specific concept. Just like any Author who expresses and annuls himself in each artistic work, the AUTHOR OF CINEMATOGRAPHY ( THE CINEMATOGRAPHER), I shall define him thus from this "historical" moment onwards, not only contributes all his technical and professional experience to the creation of the images on which he collaborates but he also influences their composition in his own personal way with his particular artistic taste and with his highly-individual creativity. He is the alpha and the omega of the photographic process and, with his tecnico-creative conceptualization-realization-communication of the image he is equally as responsible as the Director for its creation. The way in which he uses the LlGHT not only results in the image becoming visible but also in that which formerly could only be communicated by other means of expression such as Literature, Music, Theatre, etc., being realized as CINEMA.
The concept for the lighting and the setting up of same, is the sole task and responsibility of the Cinematographer, and in fact requires a vast technical knowledge, great sensitivity and tremendous creativity. The highly-individual original work he creates makes him fundamental to the entire realization of a Film, which certainly does not allow him to share his responsibilities with others. Even though the LlGHTlNG, in all its complexity, is part of a multifaceted creative work, it has always maintained an INDIVIDUAL CHARACTER. Its creation requires a personality capable of characterizing every single frame according to a particular line of thinking, a particular concept and a particular story, in such a way as to endow the entire film with a photographic and stylistic harmony--with the Director's approval, naturally—by giving a visual continuity to each of the heterogenous—and incomplete—parts. The LlGHT always has been, is, and always will be a primary element in the figurative composition of a Cinematographic Work. Consequently, lighting is not seen merely as a technical support but as the protagonist of the image and the story—from the moment it is first switched on—as it creates the visual structure of the Film by means of the conflict-harmony between light and Shadow. The structure of the lighting is, in fact, designed to create the particular type of photographic vision necessary to guide the movie-goer's eye, as he watches the film.
The "MISE-EN-SCENE OF THE LlGHT" characterizes every single "IMAGE", and the sequence in which they appear, in a very specific way. Without a doubt, the Cinematographer, with his conceptualization and direction of the Lighting, has expressed himself in an INDIVIDUAL HAND, which is clearly visible and can be seen with one's own eyes, throughout the entire history of the Cinema. An inspired concept supported by a strong figurative vision and a sound technological structure, endows each image and also the entire Film with a unique ambiance, which is one of the most fundamental elements in a Cinematographic Work.
The "DRAMATURGY OF COLOUR", the use of varying shades of colour to portray the story, gives the Cinematographer yet another means of emphasizing the emotions and feelings of the various characters in an individual story. He succeeds, more or less consciously, in leaving a visual mark which conducts the movie-goer and his emotions through the entire story. He is capable of creating an interdependent and CONTINUOUS DISCOURSE for an heterogenous artistic work, which is essential to the overall feeling of every Film. In this way, he creates a very specific and individual form of Writing with Light which, although it is applied to each film individually is a so part of the Conscious or Unconscious artistic expression of every Cinematographer. He succeeds in transformíng the main concept of the screenplay and that of the Director into a technical-creative operation by means of the Light divulging the significance of Words, Conceptual Elements, Characters and Settings to the extent that he permits the Film to be represented, to materialize, to become an actual FILM-PROJECT.The Copyright Law has established the principle of authorship for a film, as it has done for other creative works, given that the "Authors" of a Cinematographic Work can only be actual persons who participate in the creation of the work in question.

Artist Right -3 -

The Cinematographer is qualified to call himself an Author because working together with the Director he is involved from the very beginning in the establishing of a visual concept for the Film; he personally decides to represent that same concept in his own individual style. It is not in fact the Cinematographer's job to simply reproduce objects with the aid of a movie camera but to realize, in a particular way, a succession of images which have been reflected upon and structured according to a specific concept, via a creative process called PHOTO-GRAPHY.
If one holds to the interpretation which sees the Director, defined by law as the principal Author of a Cinematographic Work, as the sole controlling and creative force behind the camera, one must therefore acknowledge that the "Director of Photography" wherever he has made a creative contribution even unconsciously to the realizatión of the Images of a Film, is to be considered a CO-AUTHOR OF THE CINEMATOGRAPHIC WORK and consequently an AUTHOR in his particular field, that is: CINEMATOGRAPHY. By WRITING WITH LIGHT the Cinematographer leaves his personal—and original—mark on a Film, so much so that every Director, Producer, Critic and Movie-goer does not hesitate in defining his contribution to that same Film as "Creative".
The all-important creative function of the lighting—which also visualizes the literary and musical forms of artistic expression in a Film—is to give form to luministic metaphors inspired by the conflict-harmony existing between Light and Shadow. It is not merely a means of visualizing creative ideas and of creating atmosphere, but also of representing the Screenplay, the Art direction, the Costumes, the Editing, the Music, the Acting and the actual Direction, in that it combines all these forms of creative expression and renders them visible in the word "Cinema". The Photography of a Film must, therefore, be seen as the result of an individual creative and intellectual process, which is incorporated into a collective process. The Cinematographer is, in reality, the sole person who evolves, and is responsible for the concept for the Lighting as a means of creating a figurative structure which is not simply "a way of seeing" but of being part, with its particular structure and meaning, of an ARCHITECTURE OF LIGHT, which functions as the photographic and figurative support to the story.
Writing in Light is not merely a form of individual handwriting which is part of a figurative concept but also a personal concept of life represented by individual artistic expression. It is undoubtedly an expression of our inner self, a visualization of our own spirit by means of an Original Cinematographic Work. A journey which I personally began some time back, by first exploring the realm in which DARKNESS and LIGHT are separate; by immersing myself in that same Light to discover the meanings, symbols, physiology, ages, drama, feelings and emotions of each COLOUR, and which I am continuing, even while setting down these thoughts, by investigating, and meditating upon: the EQUILIBRIUM OF THE ELEMENTS.
Audiovisual Works fall into the category of Composed Works which cannot and should not be protected in part. The word "audiovisual" can be divided into two basic areas of creativity but unfortunately, the area pertaining to vision still does not enjoy full recognition as regards moral rights, in that authorship has not yet been established for the Light. The Photography of a Cinematographic Work is an "unsubstantial" property which, from the very moment it is conceived, elaborated upon and realized, is governed by a COPYRIGHT which " belongs " to us even though it has not yet been legally recognized. The Cinematographer makes a specific creative contribution during the PREPARATION stage ( when he establishes his photographic Concept ); during the all-important SHOOTING phase ( when besides realizing his own creative concept he also realizes those of all the other co-authors of the Film) and during the POSTPRODUCTION stage (when as well as determining the light and colour tones of the Cinematography by means of the ANSWER PRINT, he becomes responsible for unifying the creative desires and the work of all the other co-authors, mainly of the Director.
In giving his approval to this final version of the film, he becomes the sole technician responsible for the quality of the print when viewed on a screen by movie-goers throughout the world; in controlling projection standards he makes himself the guarantor of the Cinema-goer's Right to enjoy a cinematographic work in the way in which it was conceived and realized by its Authors. The Cinematographer's work is completed before the eyes of the movie-goers, on that same Screen where the word CINEMA is fully defined. In reality, it is only when the means of expression known as Cinema is realized with a language of photographic images and follows a logical argument with a beginning, a middle and an end that it can truly call itself by that name. It is only when the various elements that combine to create a Cinematographic work are in Equilibrium, only when it is realized by: WRITING WITH WORDS - WRITING WITH MUSICAL NOTES - WRITING WITH IMAGES and WRITINGWITH LIGHT that it can be called a Film. It is for these reasons that I believe we all have the right whether it has been assigned to us legally or not, to sign our works as AUTHOR OF PHOTOGRAPHY in Cinema, a qualification that is rightfully ours.

Vittorio Storaro