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/
