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Guida al codice della pubblica amministrazione digitale: la digitalizzazione della P.A. alla luce del D. Lgs. 7 marzo 2005, n. 82
In: Serie bussola 131/ 1
Should We Ban Generative AI, Incentivise it or Make it a Medium for Inclusive Creativity?
In: in Enrico Bonadio and Caterina Sganga (eds), A Research Agenda for EU Copyright Law (Edward Elgar, Forthcoming)
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Generative AI in Court
In: in Nikos Koutras and Niloufer Selvadurai (eds), Recreating Creativity, Reinventing Inventiveness - International Perspectives on AI and IP Governance (Routledge, 2023, Forthcoming)
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The Artificial Creatives: The Rise of Combinatorial Creativity from Dall-E to ChatGPT
In: Martha Garcia-Murillo, Ian MacInnes, and Andrea Renda (eds), Handbook of Artificial Intelligence at Work: Interconnections and Policy Implications (Edward Elgar, 2024) 225-249
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Algorithmic Enforcement Tools: Governing Opacity with Due Process
In: in Simona Francese and Roberto King (eds), Crossing the valley of death: Driving forensic innovation in the 21st Century (Springer, Forthcoming)
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Freedom to Share
In: IIC - International Review of Intellectual Property and Competition Law, Band 53, Heft 8, S. 1145-1148
ISSN: 2195-0237
Four Theories in Search of an A(I)uthor
In: in Ryan Abbott (ed), Handbook of Artificial Intelligence and Intellectual Property (Edward Elgar 2022) 155-177
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Platform Responsibility in the Digital Services Act: Constitutionalising, Regulating and Governing Private Ordering
In: in Andrej Savin and Jan Trzaskowski (eds), Research Handbook on EU Internet Law (Edward Elgar, 2023) 253-270
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The Nonexistent A(I)uthor: a Techno-legal Argument Against the Protection of AI-generated Creativity (L'(I)Autore inesistente: una tesi tecno-giuridica contro la tutela dell'opera generata dall'Intelligenza Artificiale)
In: Annali Italiani di Diritto d'Autore, Band 29, Heft 2020, S. 52-91
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Copyright Term Extension: Good Morning to You Productions v Warner/Chappell Music
In: in Enrico Bonadio and Aislinn O'Connell (eds.), Intellectual Property Excesses (Hart Publishing, Forthcoming)
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Regulatory Shift in State Intervention: From Intermediary Liability to Responsibility
In: in Edoardo Celeste, Amélie Heldt, Clara Iglesias-Keller (eds), Constitutionalising Social Media (Hart Publishing, forthcoming)
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Intellectual Property Law and Extra-Contractual Liability
In: Frosio , G 2021 , Intellectual Property Law and Extra-Contractual Liability . in I Calboli & L Montagnani (eds) , Handbook of Intellectual Property Research . Handbook of Intellectual Property Research , Oxford University Press/Hurst , pp. 82-95 . https://doi.org/10.1093/oso/9780198826743.003.0006
This Chapter discusses intellectual property and extra-contractual liability by highlighting general comparative analysis issues within civil and common law systems, with some consideration given also to major theoretical clusters that might influence the different legal regimes. The Chapter focuses on emerging issues of extra-contractual liability for intellectual property infringement in the platform economy, with special emphasis on copyright and trademark infringement, seeking to coordinate miscellaneous approaches from the United States, the European Union and selected European countries' experiences. In doing so, this Chapter highlights research and methodological issues related to limited harmonization at a regional level in secondary and extra-contractual liability doctrines when applied to IP. Finally, this Chapter describes the World Intermediary Liability Maps (WILMap) as an attempt to provide consistency within a fragmented research framework while also presenting other miscellaneous endeavours seeking the same goal.
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Reforming the C-DSM Reform: A User-Based Copyright Theory for Commonplace Creativity
In: IIC - International Review of Intellectual Property and Competition Law, Band 51, Heft 6, S. 709-750
ISSN: 2195-0237
Algorithmic Enforcement Online
In: Frosio , G 2020 , Algorithmic Enforcement Online . in P Torremans (ed.) , Intellectual Property Law and Human Rights . Wolters/Kluwer , pp. 709-744 .
Artificial Intelligence (AI) is increasingly and pervasively affecting society. AI and algorithms play a relevant role in the Intellectual Property (IP) discourse as well. Tomorrow, algorithms will of course come as creators and innovators but today they are already here as enforcers. Content sanitization online will soon — and inevitably — become the sole domain of algorithmic enforcement tools. This process towards algorithmic enforcement online has been characterized by a few important recent developments. First, emerging regulatory framework, new legislative obligations and judicial trends would like to force online intermediaries to implement architectural changes leading to sanitization of allegedly infringing content — possibly legit freedom of expression — by design. Second, as a consequence, algorithmic enforcement brings about privatization of enforcement and delegation of public authority. Third, in online enforcement of intellectual property — as well as any other content sanitization — algorithms take decisions reflecting policy's assumptions and interests that have very significant consequences to society at large, yet there is limited understanding of these processes. Finally, but critically for the focus of this investigation, Online Service Providers' (OSPs) regulatory choices — occurring through algorithmic tools — can affect profoundly enjoyment of users' fundamental rights, such as freedom of expression, freedom of information and right to privacy and data protection. This Chapter will map the complex conundrum triggered by algorithmic enforcement in the IP domain with special emphasis on copyright and trademark enforcement online. In doing so, this chapter, first, briefly explains what algorithmic enforcement online actually is. Second, this chapter will dig into voluntary, judicial and legislative measures that have been promoting the emergence of algorithmic enforcement online. Third, this chapter will assess tensions between algorithmic enforcement and human rights, including due process, freedom of information, freedom expression, privacy and freedom of business. In conclusion, this chapter will discuss solutions for protecting human rights from algorithmic enforcement negative externalities.
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