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Italian IP, New Tech and Art Law Lawyer Massimo Sterpi on Issues Raised by Generative AI and the Future of Agentic AI

Warfare of Art & Law Podcast

Chapters
0:00
Setting The Stage: Art Meets Law
2:30
Artist Tech Adoption And NFTs’ Breakout
5:10
AI’s Copyright Touchpoints: Training To Output
6:18
No Free Lunch: The Case For Licensing
10:55
Text And Data Mining vs AI Training
14:30
Europe’s Path And The German GEMA Ruling
16:45
Fair Use In The U.S. And Early Cases
19:20
Are AI Outputs Copyrightable?
22:05
The “Copyright Sandwich” And Human Input
25:05
Diverging Standards: Italy, U.S., And Proof
28:05
Regulation Gaps, Napster Lessons, And Risk
31:20
Cross‑Border Litigation And Jurisdiction Traps
36:45
Brussels Effect And Compliance Pressure
38:55
Collective Licensing As A Scalable Solution
42:00
Justice As Balance And Legal Principles
45:20
Cultural Impact: The Plausibility Trap
48:20
Collecting AI Art And Market Signals
51:20
Roles, Credits, And Contractual Clarity
55:20
Authenticity, Scarcity, And NFT Limits
Warfare of Art & Law Podcast
Italian IP, New Tech and Art Law Lawyer Massimo Sterpi on Issues Raised by Generative AI and the Future of Agentic AI
Jan 04, 2026 Season 7 Episode 156
Stephanie Drawdy

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IP attorney Massimo Sterpi

Massimo Sterpi photo by Eolo Perfido 

Show Notes:

1:30 Sterpi’s work with emerging tech

2:30 shift in use of emerging tech/arts issues

3:55 Brazilian artist Eduardo Kac's transgenic work

4:30 blockchain / NFT as a testing area

5:10 generative AI and copyright

6:20 copyrighted works as training data 

12:25 11 Nov 2025 judgment by Munich Regional Court in GEMA v. OpenAI (Case No. 42 O 14139/24)

14:20 fair use in the US

17:05 copyright of outputs

23:55 "A Single Piece of American Cheese"

26:00 Gema decision’s impact on OpenAI’s business model

29:00 UK decision in Getty v. Stability AI

32:30 harmonisation 

34:20 collective licensing as a solution for AI training

36:20 view of justice/injustice with emerging tech in the arts

38:40 cultural impact of emerging tech

42:00 Christie’s auction of "Portrait of Edmond de Belamy"

43:40 2024 Venice Biennale - The Conference on Art and AI’s “The Neo-Synthetic: A Dialogue on Art, A.I., and Emergent Aesthetics”

44:30 expanding area regarding the roles involved in outputs

46:40 authenticity becoming enigmatic

47:00 attempts to create digital scarcity

47:55 different standards of creativity 

48:30 neighboring rights for AI

50:00 Italy’s protection of “simple photographs” versus “photographic works”

50:40 UK’s Section 9(3) copyright of outputs fictionally attributed to human involved

52:40 Agentic AI  

Please share your comments and/or questions at stephanie@warfareofartandlaw.com

Music by Toulme.

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© Stephanie Drawdy [2025]