SULLA POSSIBILE TUTELA DELLE OPERE DELL’INGEGNO REALIZZATE DALL’INTELLIGENZA ARTIFICIALE

IA systems are so complex and sophisticated today to be able not simply to interact with humans, but to create new goods, very similar to authorial works. In such a case we can talk about “creative” or “generative” IA, to distinguish it from more traditional IA systems whose function is to simply interact with humans, providing information or services (think about Siri or Alexa). Clearly, non generative IA systems have attracted less attention from legal scholars because they have seemed easily protectable through traditional IP instruments. On the contrary, lawyers have been mostly interested in the protection of AI generated works, wondering whether they can be treated as creative works and hence benefit or not from copyright protection. This paper will try to answer a set of questions starting from whether IA generated works can be fully equated to authorial works; whether such works can be said creative enough to meet the threshold required by the law; and whether they satisfy the paradigm of the “author’s own intellectual creation” as set forth by the European Court of Justice.