Copyright Protection in the Era of Artificial Intelligence: Challenges and Strategies for Brazil

Abstract

Artificial intelligence is a regulatory challenge for modern states. They all seek to strike the balance between technological advancement and the protection of rights. The general objective of this research is to provide normative perspectives for the regulation of AI by the Brazilian state, while the specific objective is to investigate if works created by AI can be protected under copyright and, if so, determine who could be the holder of these rights. To achieve these objectives, documentary analysis, literature review, comparative law, and deductive reasoning are the methodologies applied in this research. After thorough analysis, it is concluded that AI cannot hold copyright, and it is noted that Brazilian legislation lacks clear guidelines on the use of AI. As potential legislative frameworks, this study suggests adopting the guidelines outlined by the U.S. Copyright Office for registering AI-assisted works and considering the EU's risk-based regulation as promising models for shaping future Brazilian legislation on this subject. Regarding copyright protection, it is essential to determine the degree of human intervention required in the creation of a work to legitimize copyright claim. The absence of regulation makes it difficult to determine who could be considered the author, although it can be affirmed that the machine could not hold this right.