Author: Giovanna Del Bene
With the approval of the new Law on Artificial Intelligence (Law 132/2025 of 17 September 2025 published in the Official Gazette no. 223 of 25 September 2025), which will come into force on 10 October 2025, Italy has taken an important step towards regulating the use of AI, especially in the creative field.
Article 1 on “Purpose and scope” clarifies that the law “sets out principles on research, experimentation, development, adoption and application of artificial intelligence systems and models. It promotes the correct, transparent and responsible use of artificial intelligence in an anthropocentric dimension, with a view to seizing the opportunities it offers. It ensures vigilance with regard to the economic and social risks and the impact of artificial intelligence on fundamental rights.”
One of the most significant changes concerns intellectual property: those who use AI tools to create content must demonstrate that they have played an active and creative role in the process.
The law clarifies a fundamental point: artificial intelligence cannot be considered the author, but only a tool. Only natural persons can claim copyright, and only if the content produced with AI is the result of a conscious creative choice.
Protection only applies if the human author can demonstrate that they: guided the creative process, selected and set specific parameters, reworked the results, imprinted a personal style, and integrated the content into a larger, original work. This distinction is crucial to prevent automatically generated content (without human intervention) from enjoying legal protection, thereby preserving the value of human creativity.
In addition, the law introduces the concept of “work of human ingenuity”, broadening the definition of “form of expression” to include content generated with AI tools, provided that it is the result of the author’s intellectual work.
This recognition allows authors to retain ownership of rights even on hybrid works (human + AI), provided that the human contribution is documented and substantial.
Another key point concerns the extraction and reproduction of data (text & data mining) for training AI models. The law stipulates that extraction is only legitimate if it takes place through authorised access (licences, subscriptions, open content). Copyright-protected data cannot be freely used to train models unless the user agreement allows it. This principle protects the rights of authors and content owners, preventing the misuse of protected material for commercial or technological purposes.
- Amendment to Law No. 633 of 1941 (Copyright Law)
Chapter IV of the law contains specific ‘Provisions for the protection of users and copyright,’ introducing the following amendments to Article 1 of the Copyright Law (l.d.a.) and the introduction of the new Article 70-septies after Article 70-sexies.
Article 25 – Protection of copyright in works generated with the aid of artificial intelligence
-
- The text of the first paragraph of Article 1 shall be amended as follows:
‘Creative works of human intellect belonging to literature, music, the visual arts, architecture, theatre and cinematography are protected under this law, regardless of their mode or form of expression, even when created with the aid of artificial intelligence tools, provided that they are the result of the author’s intellectual work‘.
-
- The new Article 70-septies provides that:
“1. Without prejudice to the provisions of the Berne Convention for the Protection of Literary and Artistic Works, ratified and implemented pursuant to Law No. 399 of 20 June 1978, reproductions and extractions from works or other materials contained on the internet or in databases to which there is legitimate access, for the purpose of extracting text and data through artificial intelligence models and systems, including generative ones, are permitted in accordance with the provisions of Articles 70-ter and 70-quater.”
A series of amendments to the Criminal Code are then introduced in Chapter V, ‘Criminal Provisions’.
Art. 26 – Amendments to the Criminal Code and additional criminal provisions
-
- Addition after Art. 612-ter of the new Art. 612-quater of the Criminal Code – Unlawful dissemination of content generated or altered using artificial intelligence systems
‘Anyone who causes unjust damage to a person by transferring, publishing or otherwise disseminating, without their consent, images, videos or voices that have been falsified or altered using artificial intelligence systems and are likely to mislead as to their authenticity, shall be punished with imprisonment for a term of between one and five years. The offence is punishable upon complaint by the offended person. However, proceedings shall be brought ex officio if the act is connected with another offence for which proceedings must be brought ex officio or if it is committed against a person who is incapable, due to age or infirmity, or against a public authority because of the functions exercised’.
-
- In Article 171 of the Copyright Law, after letter a-bis) in the first paragraph, a new letter a-ter) is inserted concerning the reproduction/extraction with AI of text or data from works or other materials available on the internet or in databases in violation of Articles 70-ter and 70-quater.
Therefore, the new wording of Article 171, first paragraph, of the Copyright Law will be as follows:
“Except as provided for in Articles 171 bis and 171 ter, anyone who, without being entitled to do so, for any purpose and in any form:
a) reproduces, transcribes, recites in public, disseminates, sells or offers for sale or otherwise markets another person’s work or reveals its content before it is made public, or introduces and circulates in the kingdom copies produced abroad contrary to Italian law;
a-bis) makes available to the public, by placing it in a telematic network system, through connections of any kind, a protected intellectual work, or part thereof;
a-ter) reproduces or extracts text or data from works or other materials available on the network or in databases in violation of Articles 70-ter and 70-quater, including through artificial intelligence systems.
b) publicly performs or recites, or disseminates, with or without variations or additions, a work by another person suitable for public performance or a musical composition. The performance or recitation includes the public screening of the cinematographic work, the public performance of musical compositions included in cinematographic works, and broadcasting by means of a loudspeaker operated in public;
c) carries out the acts indicated in the previous letters by means of one of the forms of processing provided for by this law;
d) reproduces a number of copies or performs or represents a number of performances or representations greater than that which he had the right to produce or represent respectively;
e) reproduces discs or other similar devices by any means of duplication or markets them, or introduces into the territory of the State reproductions made abroad in this way;]
f) in violation of Article 79, retransmits by wire or radio or records on phonographic discs or other similar devices radio broadcasts or retransmissions, or distributes phonographic discs or other devices that have been unlawfully recorded.”
2. Impact on companies and publishers
To comply with the new legislative provisions, companies will need to:
-
- map the use of AI in creative and analytical processes,
-
- identify the works and data used,
-
- verify the legitimacy of access to content,
-
- take contractual precautions to avoid copyright infringements.
To protect your work and demonstrate that AI-generated content is truly your own creation, we recommend taking the following precautions:
-
- Preserve the stages of the creative process, for example by saving the instructions given to the AI (prompts, parameters, inputs); keep track of intermediate versions of the content; document any manual changes made after automatic generation.
-
- Use tools that record the workflow (including command history, stylistic choices, manual interventions).
-
- Include a statement of authorship such as: “This content was created with the support of artificial intelligence tools, under the creative direction of the author.”
-
- Register the work with the SIAE (for music, lyrics, images).
The documentation described above can be useful for various purposes: in the event of disputes over the authorship of the work, to obtain economic rights (royalties, licences), to protect one’s work from unauthorised reproductions.
3. Future prospects and harmonisation with the European AI Act
The Italian law is a regulatory framework that will be supplemented by implementing decrees, regulations on sanctions, privacy directives, and rules for high-risk areas (e.g., healthcare).
Harmonisation with the EU AI Act is also planned to ensure consistency between national and European regulations on intellectual property and AI.
In the meantime, it is important for companies and creatives to prepare for these new scenarios with the help of experienced professionals who know how to value human input and protect creativity effectively.
© THINX Srl – October 2025