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

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.

To hear more episodes, please visit Warfare of Art and Law podcast's website.

To leave questions or comments about this or other episodes of the podcast and/or for information about joining the 2ND Saturday discussion on art, culture and justice, please message me at stephanie@warfareofartandlaw.com.

Thanks so much for listening!

© Stephanie Drawdy [2025]

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