Development and use of AI, protection of rights
Artificial intelligence brings together opposing parties: those who develop the systems, those who adopt them into their processes, and those who own the content and rights utilised by those systems. Each requires a different approach, within a regulatory framework — Regulation (EU) 2024/1689 (the AI Act) alongside copyright and personality rights legislation — which is still in its early stages of implementation.
LGV Avvocati assists all these categories of stakeholders, combining expertise in intellectual property with regulatory and contractual expertise.
We have advised technology start-ups and innovative companies on the development of artificial intelligence systems, with specific expertise in the video games sector and in text-to-speech solutions, handling the legal framework governing the data and content used to train the models, ownership of development results and outputs, contracts with technology partners, clients and distributors, and the structuring of relationships with investors.
On the usage side, we assist companies that employ generative systems for the creation or processing of voice, design and musical content, defining the permitted scope of use, the guarantees to be obtained from suppliers regarding the legitimate origin of training data, the ownership and protectability of outputs, and the allocation of liability in the event of third-party claims.
We also support them in drawing up internal guidelines for employees, consultants and suppliers, governing the permitted purposes of use, the processing of confidential information and personal data entered into the systems, the obligations regarding verification and human supervision of outputs, and ownership of the results, as well as in selecting the systems to be adopted, assessing the contractual terms proposed by suppliers and the associated risk profiles.
We assist authors, artists, producers and rights holders in relation to the use of their works and performances by artificial intelligence systems, whether authorised or unauthorised: we draw up licences for the use of content in model training and ensure that rights are reserved with regard to text and data mining, taking action against unauthorised uses, including where these involve personality rights and image rights.