Politics and Government

The Artificial Author

Creativity and intellectual property in the AI eraBy Simone Aliprandi

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Length7h 42m

About this audiobook

The artificial author explores the theme of intellectual property in the era of generative artificial intelligence and reflects on the new concept of creativity brought by this disruptive technology. The book questions the concept of authorship and the possibility that machines might perform much of the creative work traditionally reserved for humans, leaving the latter in the mere role of controller of the outputs obtained. Through an interesting doctrinal reflection, a precise commentary on jurisprudential cases, and a detailed survey of the terms of use of the main platforms, Simone Aliprandi offers an overview of the main emerging issues regarding copyright management of AI-generated works. The book is written in an accessible style and is intended not only for legal professionals but for all those interested in the new challenges posed by artificial intelligence in the field of creativity. The work is completed by a series of explanatory diagrams and an extensive bibliography.

Artificial Intelligence Futuristic Robot Fiction Identity Exploration

Audiobook details

GenrePolitics and Government

Length7 hrs 42 mins

Narrated byListen with 1,000+ voices

FormateBook with Audio

Publish dateOct 3, 2025

LanguageEnglish

1Copylettori

589. Disney, Universal et al. vs. Midjourney

2Introduction

5910. Bartz et al. vs. Anthropic

3In what sense “artificial author”?

6011. Kadrey et al. vs. Meta Platforms

4The history of this book

61Chapter 5 – The protection of works created with generative AI systems

5Chapter 1 – Rethinking the concept of creativity and its legal framework

621. Introduction

Show all chapters

61. From Greek “Techne” to Generative Artificial Intelligence: The Fascinating Evolution of the Concept of Creativity

632. Can a machine be the owner of intellectual property rights?

72. Authors not human but not artificial either: the parallelism with works created by animals

643. The U.S. Copyright Office guidelines

82.1. Most emblematic cases

654. It is always a question of autonomy

92.2. Non-human creations and the clear position of the U.S. Copyright Office

664.1. What rights over works supervised by a human user?

103. Machine-mediated creativity: a historical problem for copyright law

674.2. What rights over unsupervised works?

114. A human-centered copyright

685. The prompt: what is its function and level of copyright protection?

125. The idea of creativity for legal theory

696. The main short circuit: the similarity of outputs

135.1. The idea of creativity in Italian law

707. Towards a “hybrid” protection?

145.2. The concept of creativity for Anglo-American copyright

71Chapter 6 – What do the terms of service of the main platforms say about intellectual property?

156. “It’s not art! It’s just statistics”

721. Introduction

167. It’s all about autonomy

732. Terms of online services: general framework

178. Towards a new form of authorship

742.1. An agreement between the service provider and the user

188.1. Shared authorship and crowdsourced works

752.2. An additional layer of rules

198.2. Hybrid authorship and the concept of meta-author

762.3. The “psychological” aspect

208.3. A new way of creating... and thinking?

773. Licenses of AI software that can be installed on user’s devices

219. Law is late and technology makes the rules

783.1. Copyright licenses in general

2210. The focus on liability

793.2. Open licenses

2311. An ethical issue too (or perhaps mainly)

803.3. Main generative AI systems that can be installed on your devices: Stable Diffusion and Flux

24Chapter 2 – Artificial intelligence and intellectual property: the applicable principles

814. The distinction between provider and deployer in the AI Act

251. Exclusive rights over artificial intelligence systems and their models

825. The OSI Open Source AI Definition

261.1 Model in what sense

836. The TOS of OpenAI

271.2. What kind of work is the model?

846.1. Management of rights on generated content

281.3. Exclusive rights over the software component

856.2. The problem of similarity of outputs

291.4. Exclusive rights over the database?

866.3. A look at the sharing policy and usage policy

301.5. Exclusive rights over the “concept”. The hypothesis of patenting the model

877. The TOS of Midjourney

312. The exclusive rights affected by the AI systems training activity

888. The TOS of Claude.ai

322.1. Primarily, the rights of authors

899. The TOS of Leonardo.ai

332.2. There are also related rights (or neighbouring rights)

9010. The TOS of Deepseek

342.3 But above all, there is the sui generis right

91APPENDIX – Synthetic and schematic analysis of the most interesting judicial cases

352.4. Some reflections on image rights

92A – Thaler vs Perlmutter/USCO (U.S. District Court for the District of Columbia, USA, 2023)

362.5. Some specific cases: the voices of voice actors and the images of famous people

93A.1 – Points analyzed by the Court

372.6. The (all-Italian) problem related to the reproduction of cultural heritage

94A.2 – Timeline of actions taken by Thaler

38Chapter 3 – The central issue of AI training

95A.3 – Key Court considerations

391. Just another scraping of the internet

96A.4 – The decision of the Court of Appeal

402. The so-called text and data mining

97B – Li vs Liu (Beijing Internet Court, China, 2023)

413. The insidious misunderstanding

98B.1 – Points analyzed by the Court

424. The recurring (and wrong) question: do AIs “plagiarize” works?

99B.2 – Timeline of actions taken by Li

435. Do generative AIs copy artists’ style (and thus infringe copyright for that)?

100C – Zarya of the Dawn (U.S. Copyright Office, USA, 2022)

446. A new market is born: licenses for training AI systems

101C.1 – Aspects analyzed by the Copyright Office

457. Fair use and transformative use: the U.S. approach

102C.2 – Analysis of actions taken by Kris Kashtanova

468. The viewpoint of European law

103C.3 – Additional considerations

478.1. The 2019 CDSM directive and the text and data mining exception

104D – Biancheri vs RAI (Supreme Court of Cassation, Italy, 2023)

488.2. The 2020 Resolution and the AI Act

105D.1 – Timeline of legal proceedings

49Chapter 4 – The most interesting copyright infringement lawsuits in AI training

106D.2 – Key points examined by the Court

501. Introduction

107D.3 – Considerations by the Supreme Court of Cassation

512. Andersen + McKernan + Ortiz vs. Stability AI Ltd. + Midjourney Inc. + DeviantArt, Inc.

108D.4 – Implications for the use of advanced technologies in artistic creation

523. Raw Story Media and AlterNet Media vs. OpenAI

109Sources and readings for further study

534. Robert Kneschke vs. LAION

110Articles, essays and commentaries

545. Getty Images Inc vs. Stability AI Inc.

111Court decisions and other official documents

556. New York Times vs. Open AI

112White papers and project reports

567. Alan Giana vs. Shein

113Other works by the author on this and related topics (all are freely available online, many under Creative Commons licenses)

578. Thomson Reuters vs. ROSS Intelligence

Series

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