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October 2, 2025

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Italy updates its copyright law to address AI

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On September 18, 2025, the Italian Senate definitively approved the country’s first comprehensive framework law on artificial intelligence (AI). The new law also reflects Italy’s commitment to aligning its domestic legal system with the EU Artificial Intelligence Act (Regulation (EU) 2024/1689), ensuring coherence between national rules and the emerging European regulatory framework. Law no. 132 of September 23, 2025 (Provisions and delegations to the Government regarding artificial intelligence), has been published in the Official Gazette no. 223 of September 25, 2025, and it will enter into force on October 10, 2025. It consists of 6 chapters and 28 articles, not only establishing ethical and regulatory frameworks for AI across various sectors but also bringing several changes to the field of copyright law. In particular, Chapter IV, titled “Provisions for the Protection of Users and Copyright,” modifies Article 1 of Law No. 633/1941 (Italy’s Copyright Act) and introduces a new Article 70-septies, adapting the legal framework to the evolving challenges posed by AI-generated content and data mining. Emphasising human authorship The first major change introduced by Article 25,  a), of the new AI law is a revision to Article 1 of the Italian Copyright Act. The phrase “human” has been explicitly added, clarifying that only works of human creativity are eligible for protection under Italian copyright law. The amended text now reads: This law protects works of human creativity in the fields of literature, music, figurative arts, architecture, theatre, and cinematography, whatever the mode or form of expression, even when created with the assistance of artificial intelligence tools, provided they are the result of the author’s intellectual effort. This addition is not merely semantic. It codifies a crucial principle: while AI can be a tool in the creative process, copyright protection remains reserved for human-generated intellectual effort. This positions Italian law in alignment with the broader international trend, seen in the EU, U.S., and UK, of rejecting full legal authorship rights for non-human agents such as AI systems. In practice, this means that works solely generated by AI without significant human input will likely fall outside the scope of copyright protection. Regulating text and data mining for AI The second key innovation is provided by Article 25,  b), of the new AI law, which introduces Article 70-septies in the Italian Copyright Act, providing clarity on the legality of text and data mining (TDM) activities used in the training of AI models. The provision states: 1. Without prejudice to the provisions of the Berne Convention for the Protection of Literary and Artistic Works, reproductions and extractions from works or other materials available online or in databases to which one has lawful access, for the purposes of text and data mining by AI systems, including generative AI, are permitted in accordance with Articles 70-ter and 70-quater. This provision essentially reaffirms that text and data mining (TDM) is permitted under certain conditions, namely where access to the source materials is lawful and the activity complies with the existing TDM exceptions under EU copyright law, as already implemented in Articles 70-ter and 70-quater of the Italian Copyright Act. It mirrors the spirit of the EU Directive 2019/790 on Copyright in the Digital Single Market, which created specific exceptions for TDM, notably distinguishing between scientific and general uses. By formally reiterating the TDM exceptions for the use of AI, Italy seeks to balance the promotion of AI development with the protection of content creators’ rights. However, challenges remain regarding the definition of ‘lawful access’ and the ability of rightsholders to effectively exercise their opt-out rights in relation to TDM activities. Conclusion The recent amendments to Italy’s Copyright Act mark an important step toward harmonising traditional legal frameworks with the realities of emerging technologies, such as AI. By emphasising human authorship and providing clearer legal pathways for text and data mining, the new provisions aim to foster both innovation and respect for intellectual property. The law shall enter into force on the fifteenth day following its publication in the Official Gazette of the Italian Republic. This article was reposted from the original at https://communia-association.org/2025/10/01/italy-updates-its-copyright-law-to-address-ai/

Blog, Centre News, Traditional Knowledge

A Paradigm Shift with an Uncertain Future: Prof Wend Wendland on the WIPO Treaty on Genetic Resources and Associated Traditional Knowledge

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On 25 September 2025, Professor Wend Wendland, delivered the 14th Peter Jaszi Distinguished Lecture at American University in Washington D.C.. The event was hosted by the Program on Information Justice and Intellectual Property. For over 25 years at WIPO, Prof. Wendland played a critical role in the area of traditional knowledge, including as the Director of the Traditional Knowledge Division and Secretary of the Intergovernmental Committee (IGC). His lecture, titled “Beyond Adoption: Why it Matters and What’s Next for the WIPO Treaty on IP, Genetic Resources and Associated Traditional Knowledge?”, celebrated the recent adoption of this landmark agreement. In his lecture, Professor Wendland described the Treaty as a ‘historic’ event and a ‘paradigm shift’ in intellectual property. He highlighted that it is the first international IP treaty championed by developing countries and Indigenous Peoples, making them policy-makers rather than policy-takers. The Treaty’s core feature is a new mandatory requirement for patent applicants to disclose the origin of genetic resources and associated traditional knowledge. This aims to combat biopiracy and reconcile innovation with biodiversity conservation and equitable benefit-sharing. This transparency is expected to improve the patent system’s quality and efficacy, while also contributing to environmental, economic, and social justice by acknowledging the role of Indigenous Peoples as stewards of biodiversity. Despite his enthusiasm, Wendland acknowledged the Treaty’s limitations, noting that it does not create new rights in traditional knowledge, and does not directly ensure compensation for provider countries and Indigenous Peoples. It represents what could be agreed upon by consensus after a 25-year struggle, demonstrating strategic pragmatism. The adoption itself is significant, marking a step forward in the evolution of the IP system and providing a platform for a more inclusive conversation about the future of IP. However, Wendland cautioned that the treaty’s adoption alone is not enough; its true significance will depend on its practical implementation and effectiveness. Finally, Wendland discussed the path forward, stressing the immediate need for the Treaty to come into force, which requires ratification by 15 countries. He expressed concern that this process might be slower than hoped, with some major countries like the USA, Japan, and the Republic of Korea opposing the treaty, and others like India and China not yet signing it. Potential hurdles for ratification include political reluctance to recognise Indigenous Peoples, conflicts with existing national laws, and pressure from trading partners. Wendland concluded by urging policymakers, patent offices, and the international community to work towards bringing the Treaty to life, ensuring its paradigm-shifting potential is realised in practice. Watch the full presentation here.

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