Propiedad intelectual en la era de la IA

The article addresses the legal ambiguity surrounding intellectual property rights when creative works are generated by artificial intelligence. It argues that while current legislation protects human authors, AI systems operate with increasing autonomy, blurring the traditional line between human creativity and tool usage. This creates a jurisdictional void regarding who owns the resulting works and who bears responsibility for them, particularly concerning the data used to train these algorithms. The core conclusion establishes that AI cannot be recognized as a legal subject or rights holder due to its lack of biological and conscious characteristics. Instead, authorship and property rights must be attributed to the human developers or legal entities behind the software. These creators are deemed the true authors because they design the algorithms for specific ends, thereby inheriting both the benefits and the potential liabilities associated with the generated content. This perspective is crucial for the open data community, as it highlights the tension between using vast datasets for AI training and respecting existing copyright laws. Clarifying that liability rests with developers rather than the technology itself helps shape ethical standards for data usage. It underscores the need for transparent frameworks that protect original creators while allowing technological innovation, ensuring that open data practices do not infringe on intellectual property rights.

Source: iprofesional.com
Published on 2023-07-02

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