Perspectivas no atual contexto informacional ante o Direito autoral brasileiro e a inteligência artificial: a proteção autoral de obras intelectuais criadas por meio de inteligência artificial generativa

Abstract

The progressive technological development in the field of computer science has enabled the creation of increasingly autonomous mechanisms capable of performing various activities that were once only possible for humans, including creative tasks. In this context, generative artificial intelligence systems demonstrate a growing ability to generate intellectual, artistic, and scientific works in an extremely autonomous manner, often indistinguishable from human creations. Given this scenario, it becomes evident that the legal framework needs to be able to encompass technological transformations and establish appropriate norms for new digital contexts, especially concerning copyright. In this sense, the present research aims to analyze the feasibility of legal protection under Brazilian copyright law for intellectual works created through generative artificial intelligence programs, whether autonomously by the program or as instrumental use in the human creative process. Using a deductive and exploratory methodological approach, along with bibliographic research, the study examines the concepts of artificial intelligence, historical foundations, and the current Iegislation of Brazilian copyright law, necessary to discuss the possibility of copyright protection for such works. Following the central legal analysis of the research, it is noted that, in light of the current Brazilian Iegislation, it is necessary to assess the degree of participation of the human user and the artificial intelligence program in the creation of a work, only then determining authorship and ownership of copyright. This task can be complex. Subsequently, it is found that works created autonomously through artificial intelligence will belong to the public domain from the moment they are created, differing from cases of mere instrumental use of the program, where the human user will be considered the author. Finally, recognizing the need for legal reform to ensure greater legal certainty in this matter, the study concludes by exploring and proposing a critical reflection on the perspectives of Iegislative options pointed out by doctrine and regulatory initiatives on the international and Brazilian fronts.