AI and new technologies are characterized by the ability to independently combine data (for example images, words and sounds) without the need for human contribution.
The above requires verifying from the point of view of intellectual property whether the creative work can be considered as #intellectual creation typical of AI and new technologies.
On this point, it should be noted that these systems essentially articulate their operation on software, based on a source code, drawn up following a programming language understandable to man, to be distinguished from that of the machine which can only be understood by him.
The software, as the result of the work of the human mind, can be considered the work of ingenuity, therefore it is protected by legislation as an expression of intellectual work (com. Disp. Art. 1 and 6 of the copyright law and 2575 – 2576 of the Italian Civil Code)
Unlike, purely theoretically, the works arising from the #predictive capabilities of the machine as well as from the #computational ones, not being able to be attributed immediately and directly to the activity of man, could not fall within the category of “intellectual works” attributed to him.
However, to date, machines do not seem to be considered as holders of rights, therefore, not even those recognized in the field of intellectual property, so that the man – more precisely – the programmer, the owner of the copyrights of the AI-generated invention.
In this sense, the algorithm would be considered as a project of the programmer who, at the time of setting up the programming language, would have evaluated the activities of the machine and all the possible creative elaborations as a consequence of predictable developments of the algorithm on which it is based. the operation of the software.
In this case the same AI system would configure a work of ingenuity as an expression of the intellectual work of its programmer.
These issues will be explored during the MASTER IN ARTIFICIAL INTELLIGENCE, LAW AND ETHICS OF EMERGING TECHNOLOGIES at the European University of Rome.