Generare e non creare? Spunti per una comparazione sulla regolazione dell'intelligenza artificiale generativa tra Stati Uniti, Repubblica Popolare Cinese e Unione Europea

This paper explores the regulation of generative artificial intelligence (AI), providing a comparative analysis of regulatory approaches across the United States, the People's Republic of China, and the European Union. It digs into the historical and contemporary regulatory efforts in the US, highlighting the tension between market-driven innovation and regulatory oversight. The study then examines China's proactive stance on AI regulation, focusing on algorithmic and deep synthesis governance, as well as recent judiciary developments regarding generative AI. The European perspective is analyzed through the lens of the Artificial Intelligence Act, emphasizing the balance between technological advancement and fundamental rights protection. The paper concludes with a reflection on the evolving interplay between human creativity and AI generativity, underscoring the need for legal frameworks to address theethical, social, and economic implications of AI-generated content.