This is the approach of the Ukrainian legislator
Posted: Tue Jun 17, 2025 9:24 am
Instead, the Italian legislator proposes to apply the same mechanism to regulate the reproduction of works during generation as for the reproduction of works for AI training . That is, either (1) the free reproduction by research organizations and cultural heritage institutions of works to which they have lawful access, for the purpose of scientific research, or (2) the free reproduction by any person of works to which they have lawful access, provided that such reproduction of works or other subject matter has not been expressly special database restricted by their rightholders in an appropriate manner.
Therefore, the Italian legislator only makes an exception to the right of reproduction for the process of generating AI objects. The use of a work by processing in the process of generating AI of another work will be subject to the general provisions on derivative works. The use of a work by processing that occurs in the process of generating non-original AI objects is not covered by the Italian draft law.
It is worth considering the legal relationships: (1) the use of works to train a basic AI model and (2) the use of works when generating an AI object.
Using artwork to train a basic AI model
When the basic AI model is being trained, neither the basic AI model itself nor the AI system exists yet. The PRODUCER of the basic AI model uses other people's works by reproducing them .
This is the kind of use that may fall under the free use case for AI training (“Text and Data Mining” (TDM)).
Therefore, the Italian legislator only makes an exception to the right of reproduction for the process of generating AI objects. The use of a work by processing in the process of generating AI of another work will be subject to the general provisions on derivative works. The use of a work by processing that occurs in the process of generating non-original AI objects is not covered by the Italian draft law.
It is worth considering the legal relationships: (1) the use of works to train a basic AI model and (2) the use of works when generating an AI object.
Using artwork to train a basic AI model
When the basic AI model is being trained, neither the basic AI model itself nor the AI system exists yet. The PRODUCER of the basic AI model uses other people's works by reproducing them .
This is the kind of use that may fall under the free use case for AI training (“Text and Data Mining” (TDM)).