Propiedad Intelectual e IA: ¿y a quién le pertenece el contenido?
The article argues that the rise of Generative AI necessitates a fundamental rethinking of intellectual property laws, particularly regarding authorship. It highlights the tension between protecting human creativity and fostering technological innovation, questioning whether rights should belong to the AI developer, the user, or remain unclaimed. This ambiguity extends to infringement issues, as AI training often involves using copyrighted material without explicit permission, challenging existing exceptions and legal frameworks. Furthermore, the technology poses severe threats to the right of image, voice, and name by creating realistic avatars of non-existent or real individuals without consent. This capability creates ethical, moral, and legal dilemmas, especially when deepfakes are used to spread misinformation or damage reputations. The current legal landscape in Argentina, which lacks specific regulations for AI, is insufficient to address these complex scenarios, leaving a gap in the protection of personal dignity and creative rights. This topic is crucial for open data because it illustrates the friction between data accessibility for AI training and individual rights. As open data initiatives often rely on large datasets, understanding the legal and ethical boundaries of using such data for machine learning is essential. Without clear guidelines, the open data movement risks undermining trust and violating intellectual property norms, highlighting the need for balanced policies that protect both innovation and human rights.
Source: zonanortevision.com.arPublished on 2024-03-28