Propiedad intelectual en la era de la IA

The article examines the legal ambiguity surrounding intellectual property rights when works are generated by artificial intelligence rather than human authors. As AI systems increasingly create content autonomously using complex algorithms, the traditional distinction between tool and creator becomes blurred. This raises critical questions about who holds the title to such works, highlighting a significant regulatory gap that leaves both rights holders and creators in a state of legal uncertainty. The core argument posits that AI lacks legal personality and cannot be considered an author, as it possesses no consciousness, ambitions, or biological existence. Consequently, attributing ownership to the software is legally untenable. Instead, the article asserts that the developers and entities behind the algorithms must be recognized as the rightful owners. These human actors introduce the technology into commerce, thereby assuming both the benefits and the potential liabilities associated with the generated content. This perspective is crucial for open data and open knowledge ecosystems, which rely on clear attribution and liability frameworks. If AI-generated outputs remain in a legal void, it creates risks for data provenance and intellectual property enforcement. Establishing that developers hold the rights ensures accountability for the data inputs and the resulting outputs, protecting original creators whose works may have trained the models. Ultimately, defining this human-centric ownership structure is essential to maintain order and justice in an increasingly automated creative landscape.

Source: iprofesional.com
Published on 2023-06-15

Open Data

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