Artificial Intelligence cases are growing in number: in addition to the Il Sole 24 Ore case, this week Getty Images filed a legal action against Stability AI LTD, claiming that their AI software violates IP, including copyright on Getty’s content, for the benefit of commercial interests and at the expense of the creators.
In Italy, the Supreme Court recently recognised that it has not yet examined the issue of digital art: a pity, because it was the right opportunity, with a dispute over a representation of a flower (used in the presentation of Sanremo Festival) to which the Judges of the Tribunal and Court of Appeal had denied copyright protection as a digital image with a “fractal” figure, characterised by self-similarity, repetition of forms on different scales, elaborated by a software and only selected by the alleged author. These issues, as it is evident, are constantly evolving all over the world.