The introduction of Italian Law No. 132/2025, which came into force on October 10, 2025, marks a turning point in the legal framework governing copyright protection for artistic works, particularly those created or assisted by AI. This legislation is part of a broader European and international evolution aimed at safeguarding both human creators and technological and digital innovation.
Among the key innovations introduced by the law is the requirement of human authorship: in order to qualify for copyright protection, visual and artistic works created with AI support must involve a substantial creative contribution by a human author. This means that works generated entirely by AI, without any creative intervention by an artist, may no longer fall under the category of protected works, or may instead be subject to interpretative restrictions by the courts.
Another significant development concerns the use of data and content for training AI art systems. The new provisions establish lawful use parameters and introduce opt-out rights for dataset owners such as museums, archives, and artists. These measures allow broader application of AI in creative processes while requiring careful legal evaluation of agreements and authorizations to avoid potential infringements of intellectual property rights.
The new legal framework draws a clear distinction between protected and unprotected works. Artworks created exclusively by AI systems, without human involvement, may not qualify as “works of authorship” under Italian law. This introduces practical challenges for artists, galleries, and auction houses, which must now ensure accurate documentation of human creative input at every stage of the artistic process.
Furthermore, the legislation sets out new rules for the use of data and AI training activities, aimed at ensuring transparency and compliance with opt-out obligations. The overall objective is to strike a balance between innovation and the protection of authors’ and artists’ rights.
The practical application of these rules affects sectors such as digital painting, illustration, generative photography, and multimedia installations. Artists must now pay close attention to documenting their creative process and defining contractual agreements with studios or digital platforms to protect themselves from disputes regarding authorship or ownership of rights.
In this context, legal counsel plays a pivotal role. Drafting contracts, clear paternity clauses, distribution agreements, and opt-out provisions requires specialized and up-to-date expertise. The protection of copyright in AI-assisted artworks depends on a well-structured legal strategy and proper management of licensing and compliance matters.
Within this complex framework, van Berings stands as a reliable partner for professionals in the creative sector. Our experience and expertise ensure tailored legal assistance across all stages, from drafting authorship and licensing agreements, to protecting rights over datasets and images, and providing strategic advice on international licensing options and regulatory compliance.
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