THE ARTIFICIAL INTELLIGENCE IN INTELLECTUAL PROPERTY WITHIN THE SCOPE OF COPYRIGHT

Abstract

The present research explores the legal implications of artificial intelligence (AI) on intellectual property rights and authorship, driven by the increasing capability of AI technologies to generate original content and the ethical and legal challenges this poses to traditional copyright laws. The main objective is to investigate issues such as authorship attribution in AI-generated works and the protection of intellectual property rights for these creations. The central problem examined is whether AI can be considered the owner of the content it produces, and what position human authors hold regarding these creations. The methodology employed includes a review of literature by renowned theorists and critical analysis of existing intellectual property legislation. The research finds that attributing authorship to AI-generated works presents a significant challenge due to the absence of direct human intervention in their creation. Additionally, it identifies gaps in existing legislation to adequately protect the intellectual property rights of AI creations, particularly concerning commercial exploitation and the financial rights of human creators. As a solution to these challenges, future perspectives are explored, such as legislative revisions, ethical guidelines, and specific attribution systems for AI works. These proposals aim to ensure effective protection of intellectual property rights in the context of artificial intelligence, promoting a fundamental debate on the future of intellectual property legislation in a constantly evolving digital environment.