Propiedad intelectual. Moda. Inteligencia artificial generativa - LegalToday
Generative artificial intelligence is radically transforming the creative industry by merging human expertise with algorithms capable of predicting trends and maximizing profitability. This advancement drives significant efficiency, enabling companies to reduce costs and accelerate the production of designs. However, this automation raises fundamental challenges regarding authorship and originality, questioning whether machine-generated results can be considered protected works when they depend on interaction with human creators. From a copyright perspective, a critical legal conflict arises between companies’ need to train systems on large volumes of data and authors’ rights over their pre-existing works. Current law requires that a work be the product of the human mind, complicating the protection of purely algorithmic designs. This opens the door to litigation over plagiarism and the creation of derivative works, as AI models analyze and absorb protected content to generate new styles, creating uncertainty about what constitutes fair use and the limits of data exploitation. This article is relevant to open data because it highlights the inherent tension between the free availability of data to fuel innovative algorithms and the protection of intellectual property. It illustrates why open data policies must be balanced with clear regulatory frameworks that define consent and the ethical use of information. Without global regulation that harmonizes these interests, innovation will be stifled, or, conversely, the fundamental rights of creators will be violated, making it imperative to reach a consensus that integrates technology with fair legal protection.
Source: legaltoday.comPublished on 2023-10-04
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