Inteligência artificial e direito autoral: pinturas produzidas por IA e Legal Framework para uma Lege Ferenda

Abstract

The research has started as the inquiries about current technological advances, having as its theme the copyright of paintings produced through Artificial Intelligence. From the existing law, in order to understand the regulatory system of copyright, in order to verify the legal protection of paintings produced by artificial intelligence. The general objective is: to carry out the analysis of the context in which the paintings produced by AI occur and, starting from the construction of a legal framework, to develop a “LEGE FERENDA” that protects and presents the limits of the copyright referring to the paintings. The specific objectives are: to present reflections capable of protecting copyright, so that they can subsidize a “LEGE FERENDA” for the protection and limits of paintings produced through artificial intelligence. The justification finds shelter in the need to present “PARI PASSU” legal solutions or at least try to keep up with technological development. The research problem: From the existing legal framework, is it possible to protect and limit injuries to the rights of third parties, of paintings produced by artificial intelligence, or would it be necessary to build a NEW LAW? The conclusion is that there is a need for a legislative change to properly protect the copyright of paintings produced through AI, since the absence of protection would discourage the activity and the copyright set is insufficient. From the legal framework it was possible to visualize that the copyright protection systems, copyright and “DROIT D´ATEUR”, do not have exact solutions for the copyright solution of such works. The methodology used is deductive, starting from general concepts and categories for the specific treatment of the research object. The research techniques were composed by the bibliographic review, national and foreign, as well as data collection and documents submitted to theoretical analysis. As a practical result delivered to the Professional Graduate Program of the Master's Degree in Corporate and Business Law at UNISINOS, a bill is presented with means of protecting and delimiting the copyright of paintings produced through AI, proposing to amend article 7 of law n. 9,610/1998.