The UAAiSP contains an exception to the right to reproduce works for AI training in clause 14, part 2, article 22. This exception applies only to works and does not apply to the reproduction of objects of related rights and the extraction of databases protected by a special kind of right (sui generis).
According to Directive 2019/790/EU, if AI training is carried out by research organisations and cultural heritage institutions for the purpose of scientific research, then the free reproduction of works or other subject matter to which they have lawful access is possible (Article 3). If such AI training is carried out by any persons, then the free reproduction of works or other subject matter to which these persons must have lawful access is possible only if there is no clear restriction on such use for AI training by their right special database holders in an appropriate manner (Article 4).
Therefore, the producer of the basic AI model, which is a research organization or an institution for the preservation of cultural heritage, for the purpose of scientific research, has the right to free use by reproduction. If the producer of the basic AI model acts for commercial purposes, then free use by reproduction is possible only if there is no prohibition by the copyright holder. This is the regime enshrined in the current articles 70-ter and 70-quater of the Italian law on copyright and related rights, to which the new article 70-septies refers.
There is already an AI system here, that is, a base model and a computer program that controls the base model and generates objects, there is a copyright holder of such an AI system (which, by the way, does not always coincide with the manufacturer of the base AI model), and there is also a user.
Using works when generating an AI object
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