Our research explores the legal challenges and opportunities presented by the development and use of artificial intelligence (AI) and its profound implications for various industries and sectors. Key areas of focus within this cluster include:
(1) Legal and Ethical Considerations of Algorithmic Decision-Making: We analyze the legal and ethical implications of using AI to make decisions that significantly impact people's lives, such as in the criminal justice system or healthcare. We examine fairness, accountability, and transparency in algorithmic decision-making processes.
(2) Regulation of AI-Powered Systems and Technologies: We investigate how AI-powered technologies can be effectively regulated to address the unique challenges posed by AI.
(3) Legal Challenges of AI-Powered Systems to Privacy and Data Protection: We examine the legal challenges presented by AI-powered systems, including facial recognition technology, to privacy and data protection. Our research delves into the balance between innovation and the safeguarding of individuals' privacy rights.
(4) Impact of AI on the Labour market: We analyze the potential impact of AI on the labor market
Additionally, our research considers the intersection between AI and intellectual property (IP). We explore the following questions:
(1) Adaptation of IP Legal Frameworks to AI: We analyze how the legal framework for intellectual property can adapt to the rapid pace of technological advancements and the increasing prominence of AI. Our research explores the implications for IP laws and policies in facilitating innovation and addressing emerging challenges.
(2) Impact of AI on the Creative Industries: We analyze the potential impact of AI on the labor market within the creative industries and how AI technology influences creativity.
(3) Application of IP Laws to AI-Generated Works and Innovation: We investigate how current IP laws, copyright and patents in particular, apply to AI-generated works and innovation. Our research explores the legal implications and challenges surrounding the protection and ownership of AI-generated content and AI-generated innovation.
This research emphasis closely aligns with and draws upon the activities of the LINAS Doctoral School.
G Frosio, ‘Should We Ban Generative AI?' in E Bonadio and C Sganga (eds), A Research Agenda for EU Copyright Law (Edward Elgar, forthcoming 2023).
G Frosio, 'The Artificial Creatives: the Rise of Combinatorial Creativity from Dall-E to GPT-3' in M Garcia-Murillo, I MacInnes and A Renda (eds), Handbook of Artificial Intelligence at Work: Interconnections and Policy Implications(Edward Elgar, forthcoming 2023).
G Frosio, 'Four Theories in Search of an A(I)uthor' in R Abbott (ed.), Research Handbook on Intellectual Property and Artificial Intelligence 155-177 (Edward Elgar 2022).
J Morison, 'AI Judges and Constitutions: ‘Tattered Fragments of the Map’ an Invited Paper to the International Association of Constitutional Law Round Table on the Impact of Digitalization on Constitutional Law (1 February 2022).
C O’Kelly, Accountability at the end of the world: Entangled governance and non-human objects, paper presented at European Group of Public Administration annual conference - Instituto Nacional de Administração, Lisbon, Portugal, 7 September 2022.
G Frosio, 'L’(I)Autore inesistente: una tesi tecno-giuridica contro la tutela dell’opera generata dall’Intelligenza Artificiale' (2020) 29 Annali Italiani del Diritto d'Autore (AIDA) 52-91;
G Frosio, 'Copyright – Is the Machine an Author?' in Artificial Intelligence in the Audiovisual Sector 87-115 (European Audiovisual Observatory, IRIS Special 2020-2, 2021).
C O’Kelly, Cyborg Accountability, paper presented at Digital Legal Talks 2021, Tilburg University/Online, Tilburg, Netherlands, 8 December 2021.
C O’Kelly, Cyborg Accountability in the 2nd Machine Age, paper presented at European Group of Public Administration Annual Conference, Université libre de Bruxelles , Brussels, Belgium, 8 September 2021
G Frosio, 'Algorithmic Enforcement Online' in Paul Torremans (ed.), Intellectual Property Law and Human Rights 709-744 (4th edition, Wolters Kluwer 2020).
C Geiger, G Frosio and O Bulayenko, 'Text and Data Mining: Art. 3 and 4 of the Directive 790/2019/EU' in C Saiz and R Evangelio (eds), Los Derechos de Autor en el Mercado Unico Digital Europeo (Tirant lo Banch, 2020).
J Morison and A Harkens, 'Algorithmic justice: dispute resolution and the robot judge?' in M Moscati, M Palmer, and M Roberts (eds), Comparative Dispute Resolution (Edward Elgar 2020) 339-352.
J Morison and A Harkens, 'Re-engineering justice? Robot judges, computerised courts and (semi) automated legal decision-making' (2019) 39(4) Legal Studies 618-635.
Eugene C Lim, 'Meet My Artificially Intelligent Virtual Self: Creative Avatars, Machine Learning, Smart Contracts and the Copyright Conundrum' (2021) 16:1 Journal of Intellectual Property Law and Practice 66 (JIPLP) (Oxford University Press) (Advance Access Publication 29 November 2020).
G Frosio, Artificial Intelligence and IP - Mapping Legal Challenges for the European Digital Single Market, European IP Helpdesk (2019).
G Frosio, C Geiger and O Bulayenko, 'Text and Data Mining in the Proposed Copyright Reform: Making the EU Ready for an Age of Big Data?' (2018) 49(7) IIC 814-844.
C Geiger, G Frosio and O Bulayenko, 'Crafting a Text and Data Mining Exception for Machine Learning and Big Data in the Digital Single Market' in X Seuba, C Geiger, and J Pénin (eds), Intellectual Property and Digital Trade in the Age of Artificial Intelligence and Big Data (CEIPI/ICTSD publication series on “Global Perspectives and Challenges for the Intellectual Property System”, Issue No. 5, Geneva/ Strasbourg, 2018) 97-111.
G Frosio, C Geiger and O Bulayenko, 'The Exception for Text and Data Mining (TDM) in the proposed Directive on Copyright in the Digital Single Market: Legal Aspect', In-Depth Analysis for the Directorate-General for Internal Policies of the Union, Policy Department Citizens Rights and Constitutional Affairs, European Parliament, PE 604.941 (February 2018).