ARTIFICIAL INTELLIGENCE AND THE COPYRIGHT

Abstract

The purpose of this article is to analyze questions about artificial intelligence and its lack of regulation, since it is a recent technology and there are discussions and conflicts about it, emphasizing that this lack fails to protect those whose intellectual works are used in the data base of these IAS without their consent and the lack of a regulatory standard for copyright protection of art created by this technology. An example of this was a case that happened in the United States in 2023, in which an American judge, Beryl Howell, refused a copyright request from a man called Stephan Thaler, who claimed to have copyright in an image created by an artificial intelligence that he had programmed, but the judge maintained that the request was denied, arguing that there was no human participation in the creation, so it could not be protected by copyright. There are also lawsuits related to copyright claims for works deliberately used as the basis for AI, but at a national level there is only debate on the topic. It is necessary to develop more approaches to the subject, so that it is possible to find solutions to this lack of legislation, with the law adapting to the present context of humanity and providing solutions to possible conflicts, since it is not possible to demand rights on a subject for which there is no adequate norm. The research was based on bibliographical references, reading books, scientific articles and news reports. The text present a historical panorama, examining the jurisprudence of the theme and justifying why legislation is necessary, since the lack of it has a major impact on society. In the end, it is hoped that by bringing a debate to the subject, a new perspective on the matter will be presented and that the discussion set out in the text can contribute to the field of copyright study, encouraging further debate on the subject.