Propiedad intelectual en la era de la IA

The article addresses the legal vacuum surrounding intellectual property when works are generated by artificial intelligence, challenging traditional copyright frameworks designed for human creators. While current law protects authors who actively create scientific or artistic works, it lacks clear guidelines for autonomous AI outputs. This creates significant uncertainty regarding who holds the rights to these new creations and whether the training data, often scraped without consent, violates the original authors' rights. The central argument posits that AI and its underlying algorithms cannot be considered legal subjects or authors because they lack consciousness, intent, and biological existence. Instead, they are merely advanced tools. Consequently, the ownership and responsibility for works generated by AI should be attributed to the human developers and the entities that created the software. Establishing this link is crucial for ensuring legal certainty, as the creators are the ones who introduce these systems into commerce and must bear the associated obligations. This discussion is highly relevant to the open_data movement because it intersects directly with how training data is sourced and used. The article highlights the ethical and legal risks of using copyrighted works for machine learning without permission. By advocating for the attribution of rights to developers rather than the AI, it underscores the need for transparent data governance. Understanding this legal distinction helps clarify the responsibilities of organizations using open or proprietary data to train models, ensuring that intellectual property rights are respected even as technology evolves.

Source: iprofesional.com
Published on 2023-07-10

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