The integration of artificial intelligence (AI) into creative processes raises questions about authorship and ownership of AI-generated works. In Brazil, Bill 2338/2023, approved by the Senate in December 2024, proposes a regulatory framework for the development and use of AI, addressing aspects such as transparency, consent from rights holders, and the protection of copyright.
This bill acknowledges the need to balance technological innovation with the protection of creators’ rights, establishing rules that regulate text and data mining (TDM) by AI systems, allowing their use for research, journalism, and education purposes, provided that authors’ rights are respected and transparency in the use of protected works is ensured.
Furthermore, discussions are ongoing about attributing rights to AI-generated creations, considering whether these should belong to the technology developers or the users interacting with it. These deliberations reflect the complexity of adapting existing legal frameworks to new technological realities.
By advancing in the regulation of AI and its interaction with intellectual property, Brazil positions itself as a reference in Latin America, promoting responsible technological development that respects creators’ rights and fosters innovation.
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