IA y Propiedad Intelectual: Desafíos Legales
The rise of Artificial Intelligence forces a critical reevaluation of intellectual property laws, specifically regarding the distinction between human and artificial creativity. A central challenge lies in determining authorship for AI-generated content, questioning whether rights should belong to the tool’s creator or the user, and whether using copyrighted material for training constitutes infringement. This ambiguity necessitates legal frameworks that balance human rights protection with technological innovation, ensuring fair compensation and ethical governance as the boundary between human and machine contribution blurs. Simultaneously, the ability of generative AI to create realistic images, voices, and personas of individuals without consent threatens personal rights and dignity. Current regulations, such as those in Argentina, lack specific provisions for these technologies, exposing gaps in the protection of identity and image. The implications extend beyond legal liability to moral and philosophical concerns, particularly when synthetic entities act or speak on behalf of real people. This highlights an urgent need to adapt existing civil codes to prevent misuse and safeguard individuals from unauthorized digital replication. This article is highly relevant to open data because the training of AI models frequently relies on vast datasets of copyrighted works and personal information. Clarifying the legal status of AI outputs and the rights of data subjects is essential for creating transparent and compliant open data ecosystems. Without established norms regarding data usage, authorship, and consent, the development of open data initiatives risks violating fundamental rights and undermining trust in digital technologies, making ethical and legal clarity a prerequisite for sustainable open data practices.
Source: todoenunclick.comPublished on 2024-04-10