AI impact on copyright and artistic creation

Discussions regarding the impact of generative artificial intelligence on copyright and artistic creation have focused on the necessity of human involvement for legal protection. At a conference in Alghero, legal experts noted that traditional copyright models, including continental ‘personality imprint’ standards and Anglo-American ‘originality’ standards, typically require a human creator. This creates a challenge when machines produce high-quality content without a traditional creative subject.

Further analysis of the music industry highlights that 97% of listeners in an Ipsos survey cannot distinguish between AI-generated and human-made music. To differentiate synthetic artists, investigators look for a lack of verifiable traces like live performances or consistent public presences.

Regarding legal frameworks, reports suggest distinguishing between ‘synthetic production,’ which lacks significant human intervention and falls outside copyright protection, and ‘hybrid creation.’ In hybrid works, where humans play an active role, protection may be granted if the work meets the criterion of originality, defined as the ‘imprint of the author's personality.’