This document discusses issues around art, NFTs, artificial intelligence, and copyright. It examines examples of AI art projects and their implications for authorship and copyright. Key topics covered include the rise of copyright law, debates around what constitutes a work, cases related to AI and databases that set precedents, and legal questions around whether AI outputs and NFTs can be copyrighted. It analyzes different jurisdictions' approaches to copyright for AI creations and the authorship of works without a human author.

1. ART, NFT AND
ARTIFICIAL
INTELLIGENCE

2. THE DEATH OF THE
AUTHOR AND THE
DEATH OF THE WORK
OF ART?

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9. SOME
EXAMPES
OF AI AND
COPYRIGH
T
The Rembrandt
Project
The Portrait of
Edmond Belamy
AI Song Contest

13. HUMAN CONTRIBUTION
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14. THE RISE OF COPYRIGHT
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1 4

15. UNITED STATES
1 5
 American Constitution of 1787, which, in
section 8 of art. 1, states: "The Congress
will have the power [...] to promote the
progress of science and useful arts,
ensuring for limited periods of time to
authors and inventors the exclusive right
over their writings and discoveries"

16.  Utilitarian theory
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 Does it maximize public wealth?
 Personality theory
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 Does it allow individuals to express
themselves?

17.  Labour theory
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 Does it reward those for their labor?
 Personality theory
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 Does it lead to a richer society?

18. NOTION OF
WORK
S O M E L E G A L
S Y S T E M S H O L D S A
N U M E R U S C L A U S U S
W H I L E I N O T H E R
T H E L I S T O F T H E
P R O T E C T E D W O R K S
I S E X E M P L A R Y

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20. LACK OF A DEFINITION IN
THE EU LAW
 "The expression" literary and artistic
works "includes all productions in the
literary, scientific and artistic fields,
whatever the mode or form of
expression" (Berne Convention, art. 2)
 Originality is defined as "the author's
intellectual creation" by art. 1, par. 3,
Database Dir. I; art. 3, par. 1, Software
Dir.; art. 6 Rental Dir.

21. Directive 96/9 / EC of the European Parliament and of
the Council of 11 March 1996 - legal protection of
databases.
Council Directive 91/250 / EC of 14 May 1991 on the legal
protection of computer programs, followed by Directive 2009/24
/ EC of the European Parliament and of the Council of 23 April
2009 - the legal protection of programs for computer.
Directive 2006/115 / EC of the European Parliament and of the
Council of 12 December 2006 - rental right, lending right and
certain rights related to copyright in the field of intellectual
property.

22. EUROPEAN
COPYRIGHT
CODE (ECC)
- WITTEM
GROUP
Art. 1 Copyright may exist in a work, i.e. in any
expression in the fileds of the literature, art, science
as it represents author’s intellectual creation
Note: some more that skill and labor but the
author’s intellectual creation is divided in two
subcategories
a) factual and functional works, which can be
characterized by a level of skill, in the sense of
judgment and work
b) works for which the relevant aspect is focused on
the personal expression of the author

23. INFOPAQ
COURT OF JUSTICE (2009)
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24. APPLICATION OF INFOPAQ BY
ENGLISH COURTS
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25. OTHER CASES
OF THE
COURT OF
JUSTICE
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26. PAINER – COURT OF
JUSTICE - C-145/10
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27. LEVOLA HENGELO
COURT OF JUSTICE
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28. NATIONAL DIVERGENCIES
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29. OUTCOMES OF THE
COURT OF JUSTICE
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30. FORM OF EXPRESSION
A NEW REQUISITE FOR
COPYRIGHT
PROTECTION?

31. ARE OUTPUTS OF
ARTIFICIAL INTELLIGENCE
ELIGIBLE FOR COPYRIGHT
PROTECTION?

32. WORKS AND
CREATIVITY IN AI
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33. FRENCH
CASE-LAW 
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34. DIFFERENCE BETWEEN
CREATION AND USING
DATA
Football Dataco v. Stan James and
Sportsradar – UK Court of Appeal
reporting of a fact is not a creation
comments and interpretation is a creation
the generation of new data is an act of
creation?

35. AUTHORLESS?
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36. THALER V HIRSHFELD / PATENT CASE
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37. AUSTRALIA
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38. NFT: LAW OR
MARKET?

39. WHAT IS A NFT
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40. LEGAL ISSUES
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