Italian draft law on AI and its copyright implications
On 23 April 2024, the government approved a draft law to introduce provisions on artificial intelligence (AI).
The draft law emphasises that the lifecycle of AI systems and models must respect the fundamental rights and freedoms of individuals enshrined in Italian and European law. Within a year, the government will have to align the national system to the European one in several areas: the AI literacy of its citizens, professional training, and the adaptation of criminal law and sanctions to cover the illicit use of AI systems. The strategic objective is to create regulation that allows for a positive impact on the development of artificial intelligence, to improve citizens' living conditions, by creating a balance between the opportunities that these technologies offer and the risks associated with their improper or harmful use.
The draft law also affects copyright. Firstly, the bill is planned to solve the long-standing problem of copyright protection of works created with AI: in fact, it is established that works created with the use of generative algorithms can be protected by copyright as long as ‘the human contribution in the conception and realisation of the work through the use of the algorithm is creative, relevant and demonstrable’.
Furthermore, it is stipulated that ‘the reproduction and extraction of works or other materials using artificial intelligence models and systems, including generative ones, are permitted by Articles 70-ter and 70-quater of the Copyright Act’. Specifically:
i) Article 70-ter allows reproductions made by research bodies and institutes for the protection of the cultural heritage, for scientific research, for the extraction of text and data from works or other materials available in networks or databases to which they have lawful access, as well as the communication to the public of the results of the research when expressed in new original works;
ii) Article 70-quater, on the other hand, provides more generally that reproductions and extractions are permitted from works or other materials contained in networks or databases to which they have lawful access for the extraction of text and data, when the use of the works and other materials has not been expressly reserved by the holders of the copyright and related rights as well as the owners of the databases.
Finally, measures are envisaged to facilitate the identification and recognition of artificial intelligence systems in the creation of content, by intervening on Legislative Decree No. 208/2021 (on the provision of audiovisual media services): any information content that has been, even partially, generated or modified by artificial intelligence systems, which falsely gives data, facts and information the appearance of being real, where it is not, must bear an identifying sign that makes it possible to know the origin of the work. Content that is part of a manifestly creative, satirical, artistic or fictitious work or programme is excluded from this obligation.
