The influence of Artificial Intelligence on the ownership of derived Intellectual Property Rights. The case of Stephen Thaler and the Creativity Machine

The objective of the present study is to examine the impact of artificial intelligence on the ownership of derived intellectual property rights, with a particular emphasis on US copyright law, as well as the challenges posed by AI-generated works and AI-assisted works. The study will outline the distinction between intellectual property rights and industrial property rights and historical evolution of Intellectual Property, from the Renaissance to the digital revolution. It will explore the development of artificial intelligence, from early models, with the advent of Machine Learning, to Deep Learning to Generative AI, shedding light on how these technologies raise complex issues related to authorship, ownership and copyright infringement. At the heart of the investigation is the Dr. Thaler vs Perlmutter case, concerning the attempt to register a work of art created by the “Creativity Machine” system. The thesis will also consider the European Union’s approach, including recent developments in legislation, before examining moral rights, fair use doctrine and regulatory frameworks relating to Text and Data Mining. The dissertation concludes with an analysis of the new Italian Law No. 132/2025 which provides national provisions and government delegations aimed at addressing the risks and opportunities associated with the artificial intelligence.