Propiedad intelectual en la era de la IA

The article examines the legal and philosophical challenges posed by autonomous AI-generated content within the framework of intellectual property. While traditional copyright relies on human authorship, the current legal vacuum leaves unclear who owns creations produced by algorithms. The text argues that attributing rights to AI itself is legally invalid, as algorithms lack legal personality and are merely sophisticated tools rather than autonomous beings with intent or responsibility. The central conclusion asserts that ownership and liability for AI-generated works must reside with the human developers and software owners who create and deploy these systems. Since AI cannot be a legal subject, the humans who design, train, and commercialize the algorithms are the true authors. This ensures that benefits are captured by the creators while establishing clear accountability for any damages or legal infringements that may arise from the generated content. This discussion is vital for open data because it clarifies the governance and licensing structures needed for AI-driven outputs. As machine learning increasingly relies on vast datasets to generate new information, understanding the chain of title is essential. It ensures that open data ecosystems maintain legal clarity regarding attribution, usage rights, and liability, preventing uncertainty that could hinder the responsible sharing and reuse of data and AI-generated artifacts.

Source: iprofesional.com
Published on 2023-06-28