Abstract

Abstract This article examines a series of lawsuits that consumed Italy’s legal establishment between approximately 1924 and 1933. Resulting from a protracted labor dispute between instrumental musicians who worked in cinemas and the exhibitors who employed them, the lawsuits turned on a question of employment law: whether musicians ought to be considered full-time employees—entitled to various benefits and protections against unfair termination—or more precariously situated freelancers whom exhibitors could hire and fire at will. As a consequence of the vagaries of existing Italian labor law and new Fascist legislation governing labor relations, musicians were already at a disadvantage in this dispute. Unexpectedly, their situation was further undermined by the judiciary, as Italy’s highest court made their employee status conditional on the perceived aesthetic value of cinema and its associated music making. That is, musicians had to prove that their musical abilities were integral to the artistic outcome of any given film screening—a tall order in the context of silent cinematic exhibition, where musical accompaniment was materially distinct from the projected film. Precisely because the courts valorized the fusion of music and image, however, the Italian musicians’ lawsuits illuminate a fundamental parameter of cinematic aesthetics—synchronization—and reveal something significant about the nature of film music. Public recognition for effecting music-image synchronization in film conferred symbolic, but also literal, capital; thus I contend that synchronization ought to be understood as a form of musical labor, both in the silent era and beyond.

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