AI objects is permitted if such reproduction is carried

[roseline371277]

However, in the second case, when the AI system goes online to follow the user's prompt, finds and downloads the work, the playback is performed not by the user, but by the AI system.

By the way, it also depends on the AI copyright holder to provide the user with the ability to upload a work to an AI website. After all, there are generative AI systems that do not allow not only going online, but also uploading works to an AI website.

The application by the Italian legislator of exceptions to the right of reproduction for AI training to the special database process of generating AI objects mutatis mutandis gives two options:

(1) Free reproduction of works carried out in the process of generating out by scientific research organizations or institutions for the preservation of cultural heritage, for the purpose of scientific research, and if such organizations have legal access to the reproduced works.

(2) Free reproduction of works carried out in the process of generating AI objects by any persons (for commercial purposes) is permitted, provided that there is lawful access to the works and that such reproduction in the process of generating AI objects is not restricted by their right holders in an appropriate manner .

Instead, the norm of Part 7, Article 33 of the UAAiSP [use of a work in the process of generating an AI object] covers not only reproduction, but also processing, as well as any use.