Direitos autorais e inteligência artificial: uma análise das implicações jurídicas sobre obras geradas por novas tecnologias

Abstract

The present work aims to reflect on the authorship of works generated by Artificial Intelligence. In this way, a brief presentation of the history of author rights, copyright and artificial intelligence in Brazil and around the world was made. Afterwards, the presentation of several international practical cases involving the authorship of works generated by non-human beings. For this, the bibliographic survey methodology was used, through the exploratory and hypothetical—deductive method. And through research between court decisions and bodies responsible for copyright registrations, it was concluded that in most cases Artificial Intelligences, as well as other non-human beings, cannot be considered authors of a work. Only an individual can be an author, an original creator of a work, which will be the result of their experiences and creativity. As for the work generated by Artificial Intelligence, it already exists and needs some classification, and through this work we understand that patrimonial copyrights may be granted to the person responsible for generating the work through Artificial Intelligence, but moral rights cannot be granted, since it was not a natural person alone who created that work.