Comparative Study on Copyrighting Mechanisms of AI Innovations in Brazil and China

Abstract

The rapid advancements in artificial intelligence (AI) have introduced novel challenges and opportunities in the realm of intellectual property (IP) law, particularly concerning the copyrighting of AI-generated innovations. This comparative study explores the copyrighting mechanisms of AI innovations in Brazil and China, two countries with burgeoning tech industries and distinctive legal frameworks. By examining the current legal definitions, policy and regulatory frameworks and international perspectives, this research identifies best practices, gaps, and recommendations for harmonizing and enhancing the protection of AI-generated works. The study employs a qualitative methodology, utilizing comparative legal analysis and policy reviews to provide a comprehensive understanding of the subject. The findings aim to inform policymakers, businesses, and researchers, contributing to the development of more robust and harmonized IP laws that support AI innovation and benefit society. The conclusion of the study highlights that while China has developed a more flexible and proactive approach to the regulation of AI-generated works, Brazil still faces challenges due to the absence of clear legal frameworks. Although both countries emphasize human authorship in copyright law, China’s ability to adapt its regulations to the evolving role of AI provides clearer guidelines for innovation and collaboration. Brazil, by modernizing its copyright laws, could address these gaps and ensure a more favorable environment for AI-driven creativity and international cooperation.