During the workshop, delivered entirely by Avv. Alessandro del Ninno, the interplay between Regulation (EU) 2024/1689 on artificial intelligence, European and national copyright law, and the rules governing automated text and data processing was analysed, with particular focus on the limits applicable to the use of protected content, the reservation of rights, and the opt-out mechanism provided for under Directive (EU) 2019/790.

Avv. Alessandro del Ninno examined the practical measures that companies, professional firms and technology operators are required to adopt in order to map sources, classify internal, licensed, public or user-generated content, trace data provenance and retain evidence that may be relevant in the event of audits, disputes or requests from rights holders. Organisational and technical safeguards aimed at preventing the unauthorised ingestion of protected materials into corporate systems were also addressed.

Considerable attention was devoted to transparency in relationships between undertakings and technology providers, with specific regard to documentation obligations, minimum information requirements concerning the provenance of the content used, the measures adopted to comply with reservations of rights, and the role of guidelines and codes of conduct as contractual standards and internal compliance tools.

Avv. Del Ninno also addressed the issue of works generated with the support of artificial intelligence systems, focusing on the operational criteria for regulating ownership, economic exploitation, human contribution, technological support, internal policies and operating instructions aimed at reducing the risk of disputes. Contractual clauses concerning ownership, licences, limitations of use and exploitation rights in relationships with clients and third parties were also examined.

A specific part of the workshop was then devoted to the protection of corporate know-how and trade secrets in the use of AI tools, with particular attention to internal rules governing the use of corporate data, confidential documents and strategic information, authorisation and control systems, traceability, access management, and the coordination between the protection of trade secrets and the transparency obligations laid down by the European regulatory framework.