Intelligenza artificiale e diritto d’autore: riflessioni a partire dalla recente prassi interna ed europea

Abstract

Artificial Intelligence and Copyright: Reflections from Recent Domestic and European Practice

This paper aims to study, starting with an analysis of recent European and national case law, including that of third countries, future developments in copyright law in light of the rise on the scene of artificial intelligence and, in particular, generative artificial intelligence. After outlining the relevant legal framework, including the perspective of human rights, and addressing how European institutions are attempting to regulate the issue, the paper examines how artificial intelligence is in fact challenging the very essence of copyright, and thus the human authorship of the work to be protected. Questions are raised, also looking at some possible insights from the adjacent field of patents, as to the extent to which human authorship, originality and creativity will be considered essential requisites for deeming a work protectable.