L'era dell'intelligenza artificiale generativa: paternità, responsabilità e violazione del copyright.

This dissertation delves into the intricacies of copyright law, a legal framework designed to protect the rights of creators over their literary, artistic, and various other works. Copyright law grants creators exclusive rights over their original works, encompassing a wide range of creations such as books, music, paintings, photographs, films, computer programs, and unique databases. These exclusive rights enable creators to control the economic use of their work and receive compensation, while moral rights protect the creator's reputation and the integrity of their work. The World Intellectual Property Organization (WIPO), established by the 1967 Convention, outlines various categories of intellectual property (IP) rights, although it does not provide a precise definition of IP. These categories include literary, artistic, and scientific works, performances, inventions, industrial designs, trademarks, and protection against unfair competition, among others. The recognition of IP protection was significantly advanced by the Paris Convention for the Protection of Industrial Property (1883) and the Berne Convention for the Protection of Literary and Artistic Works (1886), both of which are administered by WIPO. National laws typically protect IP to encourage creativity and innovation by ensuring that creators receive monetary and moral rewards for their works, thereby promoting economic and social progress. Copyright law aims to balance the rights of creators with the public's interest in accessing creative works, protecting the expressions of the human mind for the benefit of individual creators and society at large. Technological advancements have historically challenged the concept of authorship, prompting legal adaptations. The emergence of artificial intelligence (AI) systems, which exhibit computational creativity, presents a contemporary challenge to traditional notions of authorship in copyright law. AI-generated content complicates the definition of "author" since these systems can operate independently, making creative decisions without human intervention. Historically, computer programs were viewed as tools aiding the creative process, akin to pen and paper. However, modern AI systems have evolved to become independent actors in the creative process, necessitating a re-evaluation of copyright principles. The relationship between copyright and technological innovation dates back to Gutenberg's printing press, which benefited both society and rights holders. However, rapid technological advancements, as noted by Jessica Litman, risk rendering copyright laws obsolete if they cannot keep pace with these innovations.