Digital creativity and copyright law reform. An italian perspective on AI-generated works

Creativity, long regarded as an exclusively human prerogative, is now being redefined by the rise of generative artificial intelligence. Systems capable of producing artistic content are transforming creative practices and our understanding of what constitutes creativity. This technological shift raises significant social and cultural concerns, particularly as some industrial sectors promote the widespread use of AI to maximize profit, often at the expense of human creators. Legal systems are addressing demands for protection in relation to AI-generated outputs. Italian Law No. 132 of 23 September 2025, which amended Article 1 of the italian Copyright Act, requires human intellectual labor as a condition for protection. However, the reform leaves relevant ambiguities regarding the threshold and nature of human contribution necessary to safeguard works created or mediated by artificial intelligence. These uncertainties raise practical and conceptual challenges for authors, courts, and policymakers.