Propiedad intelectual en la era de la IA

The article highlights a significant legal ambiguity regarding intellectual property rights when artistic or scientific works are generated autonomously by artificial intelligence. Unlike traditional tools that require human direction, modern AI systems can make independent decisions based on algorithmic learning, blurring the line between human creativity and machine output. This raises urgent questions about authorship and ownership when the creator is a non-human entity, challenging the foundational legal assumption that only human beings can hold rights to creative works. The core conclusion is that AI cannot be recognized as a legal subject or author, as it lacks biological existence, consciousness, and intent. Therefore, intellectual property rights and associated liabilities must vest in the human developers or the legal entities that created and deployed the software. Since algorithms are merely tools that do not exist independently of their creators, attributing authorship to the AI is legally untenable, and responsibility for any resulting harm or benefits must fall upon the programmers and companies behind the technology. This discussion is highly relevant to open data because the training of AI models often relies on vast datasets, potentially incorporating copyrighted works without explicit permission. Establishing clear ownership and liability frameworks is essential to prevent legal uncertainty and protect the rights of original data creators. By defining the developer as the responsible party, the open data community can ensure that technological advancements do not undermine intellectual property protections while fostering innovation through regulated, accountable use of digital resources.

Source: iprofesional.com
Published on 2023-06-29

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