Atribuição dos direitos autorais no contexto das inteligências artificiais

Abstract

In light of the advancement of artificial intelligence (AI) technologies, it is evident that the integration of content generated by automated systems has been growing exponentially in the creative sectors of the industry. This phenomenon has raised complex issues, particularly regarding the intellectual property of such works. Highlighted is the attribution of copyright due to the multiple elements responsible for the production of the material: the user who wrote the prompt, the developers of the AI system, and all the artists whose works were used in the machine's training process. Who would, in fact, hold the rights to the generated image?. The research employs the dialectical method as its main approach, exploring conflicts surrounding copyright attribution in the context of artificial intelligence. By analyzing specialized literature, legislation, and notable cases, it seeks to provide an in-depth understanding of the topic. For the results, a “gap” in Brazilian legislation was identified regarding this issue, particularly in the 1988 Constitution and Law No. 9,610/1998. To illustrate the impact of these technologies, various international cases were presented, emphasizing the reaction of the artistic community, such as programs designed to sabotage AI systems and the 2023 Hollywood writers strike. Finally, analyzing the approaches and practices adopted by international organizations’ jurisdictions to address these dilemmas, the United States and the European Union appeared less favorable to recognizing the authenticity of works generated by automated systems, while China and Japan demonstrated greater permissiveness in their doctrines.