The challenges of intellectual property in the era of artificial intelligence
July 15, 2024

Author: Abg. Patricia Estupiñan

More information:

Patricia.Estupinan@fexlaw.com

Intellectual Property has been of vital importance for the protection of creations and innovation throughout history. However, in this era where Artificial Intelligence (AI) takes a leading role, complex challenges arise that require reevaluating existing laws and regulations. AI is revolutionizing the way we create, share and consume information, raising important questions for who has the right to ownership of creations generated by machines or smart devices. For example, we can mention AI creations against Copyright, since certain works are being generated by AI algorithms and systems; Currently, copyright laws are designed primarily to protect human creations, but we must take into account that AI can create a work of art, a piece of music, or an original writing. Additionally, the actions of smart devices or machines are not always predictable, and may give rise to situations in which Intellectual Property rights are violated. All of this also triggers concerns about data protection and privacy since AI is often based on large amounts of personal data, and the collection and use of this data must be in line with privacy laws. , there is also the granting of licenses and giving importance to the concept of “fair use” to be able to develop rules that govern licenses of algorithms and AI models, determining which uses are fair or not in an environment where machines and devices generate content automatically.

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