Is a work created entirely by artificial intelligence eligible for protection? What role does artificial intelligence play in the process of creating a work?
Thanks to the emergence of new technologies, especially the Internet, people have benefited in many aspects, mainly in the dissemination of knowledge as well as the ability to access a vast world of information in a much faster and more affordable way than before. But as new technologies advance, new challenges and concerns also arise within different legal fields, especially those related to copyright.
Copyright is a branch of Law that was born as a result of the technological revolution of its time, as was the printing press at the time in the fifteenth century, which, as a result of this discovery, thus generated the need to found a scheme of legal protection both for the authors of literary works, as well as the creation of mechanisms that would prevent their undue reproduction.
The purpose of Copyright is the protection of the subjective rights of authors over their creations as a result of their intellectual capacity, usually enunciated as literary, musical, theatrical, artistic, scientific, audiovisual works and others. [i] For this purpose, it must be taken into consideration that only the physical or natural person who makes this creation can be called the author , since it is a creative process derived from an intellectual activity merely attributable to the human being.