Copyright in Generative Artificial Intelligence

Abstract

Contextualization of the Theme : The rise of generative artificial intelligence (AI) has brought profound changes to modern life, permeating various spheres, from entertainment to science and technology. The ability of these AIs to create original and complex content, in many cases indistinguishable from that produced by humans, raises significant legal questions, particularly regarding copyright. However, current legislation often proves to be inadequate or insufficient to anticipate and regulate all situations emerging from this new technological scenario. Objective: This article aims to define the extent to which copyright laws should be applied to content used in the training of generative artificial intelligences, as well as to the content generated by them. The investigation focuses on identifying specific moments when legal protection should be considered, allowing for the protection of creators’ rights and stimulating technological innovation. Methodology: Regarding the methodology used, in the research phase, the inductive method was employed, in the data processing phase, the Cartesian method was used, and in the results report, the inductive logical basis was applied. Results: This study shows that copyright should not apply to content used to train generative artificial intelligence. In a similar way to human beings, who use all the learning accumulated throughout their lives as a reference for their creations without suffering restrictions from copyright legislation, artificial intelligence, developed with the aim of replicating human skills, should also not be limited in relation to the content used for its training. On the other hand, copyright legislation must be applied to content generated by these artificial intelligences. The material produced, which may include text, images, music, and other forms of creative expression, must be protected to ensure that the rights of creators are respected. In this way, this article contributes to the contemporary legal debate, proposing a balanced approach that considers both the need for copyright protection and the importance of encouraging innovation and technological development in the field of artificial intelligence.