Propiedad intelectual en la era de la IA

The article argues that current intellectual property laws face a critical challenge due to the autonomous creative capacity of artificial intelligence, creating a legal void regarding authorship. While traditional tools merely assist human creation, modern AI generates content independently, blurring the lines between tool and creator. This raises complex philosophical and juridical questions about who holds the rights to works produced by algorithms that learn from vast datasets, potentially without the consent of original authors whose data trained the systems. The core conclusion is that AI itself cannot be a legal subject or owner of intellectual property because it lacks human characteristics such as agency, biology, or passion. Instead, authorship and ownership must remain attributed to the human developers and the companies that design, program, and deploy these algorithms. Since AI is fundamentally a product of human action and engineering, the legal responsibility and benefits derived from its creations should rest with those who built and control the technology, ensuring a clear framework for accountability and rights management. This discussion is highly relevant to open data because it highlights the tension between the data-driven nature of AI and existing copyright protections. As AI models rely heavily on large-scale data ingestion, clarifying liability and ownership is essential for maintaining trust and legal certainty in open ecosystems. Establishing that developers, not the algorithms, hold rights and responsibilities helps protect original creators' rights while enabling the responsible development and sharing of AI tools, preventing legal ambiguities that could stifle innovation or lead to unauthorized exploitation of open resources.

Source: iprofesional.com
Published on 2023-06-26

Open Data

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