Artificial Intelligence and Copyright

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For more details on the free use of AI for training under Directive 2019/790/EU, see the article “” .


The proposed Article 70-septies deals with the reproduction and extraction of works or other materials * by AI models and AI systems, including generative ones. Therefore, it concerns the reproduction of works not for the purpose of training the AI , but after such training , when the AI model and AI system have already been created.
* Hereinafter, “works” will also include objects of related law and databases protected by a special right (sui generis).
“Reproduction” will also include “extraction” in relation to databases protected by a special right (sui generis).

In principle, this new article regulates the same relations as part seven of Article 33 of the UAAiSP, i.e. the use of works when generating an AI object. However, the approach of the Italian legislator to regulating these relations differs from the special database approach of the Ukrainian legislator.

The UAAiSP in Part 7, Article 33, regulates the use of works in the process of generating AI only of non-original objects that are subject to the right of a special kind (sui generis) . If an object is generated using AI that will be recognized as a work, this norm will not apply. Instead, the general provisions on reproduction and derivative works should apply to the use of works in the process of generating AI works (Part 2, Article 17 of the UAAiSP ) .

The UAAiSP in Part 7, Article 33, applies the same construction that is used in the norms on derivative (Part 2, Article 17), composite (Part 1, Article 18) and incorporated (Part 2, Article 19) works: “uses the right, provided that it complies with the rights”.