Propiedad intelectual en la era de la IA
The article examines the tension between traditional intellectual property legislation and autonomous creation through artificial intelligence. Traditionally, copyright rests with humans, but contemporary AI generates works with a degree of autonomy that blurs the line between tool and creator. This raises a fundamental legal dilemma: if the machine produces the content, who holds the rights? The absence of a clear regulatory framework generates uncertainty and ethical risks, such as the non-consensual use of original data to train algorithms. The text argues that AI lacks legal personality and cannot be a subject of law, as it is an artificial product without ambitions or consciousness. Therefore, attributing authorship to the machine would be a conceptual and legal error, ignoring the fact that these systems exist only thanks to prior human action. The central conclusion establishes that ownership and responsibility should lie with the developers and owners of the software. This approach is relevant to open data, as it compels a reevaluation of how rights over data and models trained on them are managed. By defining algorithm creators as responsible authors, legal certainty is protected and an environment is fostered where technological innovation coexists with respect for intellectual property rights, ensuring that open data does not infringe upon the rights of original authors nor hinder the proper attribution of new creations.
Source: iprofesional.comPublished on 2023-06-22