Date and Time: January 21, 2025, 4:00 PM

Room: Viale Pola, Negotiation Room

The meeting will focus on the presentation of the recent book published by ILEO member Vincenzo Iaia in the Luiss Law Department Monograph Series. The book is an updated version of his doctoral research, which he defended at Luiss University in September 2022. It represents a significant academic milestone that explores the intersections of copyright originality with traditional and innovative questions, from the theoretical interpretation of creativity and the need for European harmonization, to the recent challenges posed by Big Data and Artificial Intelligence, to the inconsistent integration of anti-competitive concerns in this evaluation.

We warmly invite all ILEO members, the broader academic community, and students to join this event and contribute to this enriching exchange.
 

Program:

4:00 PM – 4:10 PM Chair and introduction

Christophe Geiger, Professor of Law and Director of the Innovation Law and Ethics Observatory, Luiss, Rome

4:10 PM – 4:40 PM Presentation

Vincenzo Iaia, Postdoctoral Researcher and Member of the Innovation Law and Ethics Observatory, Luiss, Rome

4:40 PM – 5:00 PM Discussion

After the academic program, ILEO members will discuss projects and future events to be organized in 2025.
 

Abstract:

The requirement of creativity, as a sine qua non condition for an intellectual work to qualify for copyright protection, is affected by significant ambiguity in its interpretation and application. This also stems from differing jurisprudential views on the meaning to be assigned—among the many possible interpretations—to a general clause whose etymological roots lie outside the legal domain.

Beyond the longstanding uncertainties surrounding this elusive and evolving concept, there has been a more recent debate about the role of investment-related interests, particularly those aimed at fostering the construction of Big Data and the production of content through Artificial Intelligence. Additionally, these developments have brought into focus the uneven attention paid to the subsequent pro- and anti-competitive effects of the originality examination. Together, these factors contribute to the multifaceted opacity of the trajectory of creativity within contemporary copyright law.

By clarifying each interest and mapping their intersections during the creativity test, the book aims to propose more precise interpretative coordinates than those advanced thus far. The search for shared metrics to distinguish between creative and trivial intellectual productions aims to mitigate the risk that the corresponding legal assessment devolves into an arbitrary verdict. This could undermine legal certainty and potentially lead to discriminatory treatment of creators who are equally (and diversely) creative, in violation of Articles 2 TEU and 3 of the Italian Constitution. This could also hinder rights clearance processes, including the latest one concerning text and data mining for machine learning purposes, which is advocated by a group of scholars.

In this vein, the objective is to channel the aforementioned trajectories of copyright creativity into the framework of sustainability, aligning with Target 8.3 of the UN 2030 Agenda. This target promotes development-oriented policies that support, among other things, creativity and innovation.

About the speaker:

Vincenzo Iaia is a Postdoctoral Researcher at Luiss University in Rome, working on the research project “Copyright, Digital Constitutionalism and Sustainability: What Regulatory Framework for Ethical Innovation in the EU?”. Additionally, he serves as a Teaching Assistant in Business and Intellectual Property Law at the University of Bari and is an Of Counsel at AKRAN Intellectual Property. His primary research and practice areas encompass Intellectual Property Law, Business Law, and Information Technology Law.