Propiedad intelectual en la era de la IA

The article addresses the legal ambiguity surrounding intellectual property rights for works generated by artificial intelligence. It argues that current legislation, designed for human creators, struggles to define authorship when algorithms autonomously produce content. This raises critical questions about liability and benefit distribution, as AI systems learn from vast datasets that may include copyrighted materials without explicit permission, potentially infringing on original authors' rights. The core conclusion asserts that AI cannot be considered a legal subject or author, lacking the biological and conscious attributes required for personhood. Instead, intellectual property and liability for AI-generated works should be assigned to the human developers and entities that create and deploy the software. Since these programs are tools designed by humans, the creators retain authorship and responsibility, ensuring that legal protections and obligations remain anchored in human agency rather than emerging technological autonomy. This issue is highly relevant to open data because the training of AI models relies heavily on accessing and processing large datasets, often sourced from open repositories. Clarifying ownership and liability helps establish a sustainable ecosystem for open data, ensuring that while AI can utilize public information for innovation, it respects the intellectual contributions of original creators. Defining these boundaries protects both the integrity of open data resources and the rights of those who contribute to them, fostering trust and compliance in the growing AI industry.

Source: iprofesional.com
Published on 2023-07-03