The innovations brought about by Artificial Intelligence necessitate a mirror-image evolution of copyright law, but technology and law beat different timetables.
The artistic production by Artificial Intelligences is difficult to categorise for copyright: in the absence of human input in the creation of an image, the line followed by the European Union and the rest of the world is to consider the work in the public domain.
On the other hand if an author’s contribution were to remain predominant in artificial production, there would instead be the existence of copyright.
A further problem arises with regard to the work done upstream by artificial intelligences to produce works: by consuming countless data found on the web, they risk undermining the copyright of the owners of such data.
In this direction, Directive 2019/790 stipulated that authors themselves must take steps to ensure that their works are not used by AIs, but it is clear that further work on this issue will be necessary to achieve an adequate regulatory framework.
