Considerações sobre a aplicação do direito autoral nos produtos gerados por inteligência artificial no sistema jurídico brasileiro

Abstract

The popularization of generative artificial intelligences brought questions about the copyrights of works generated by intelligent systems, especially about who is the author of these works or if these rights should be given to the generative artificial intelligences. In this aspect, this research is relevant because the author's rights involve important moral and patrimonial aspects for whom have the rights above the authorial work. Thus, through qualitative research they sought to comprehend better the artificial intelligence and also analyze a case of international repercussion grant of titularity author's rights for artificial intelligence (Thaler V. Perlmutter). After, it was studied legal and principles aspects around author's rights to analyze if the current Brazilian legislation protects the generative artificial intelligence works or not. Through this research it was possible to identify that AI doesn't have the requirements necessary to be classified as authors, but in some cases the works generated by intelligent systems could be considered human users authorial works. Meanwhile, in the cases that it is impossible to identify the author, the works generated by intelligent systems are classified as public domain. Therefore, although specific legislation on the subject may be draft, current legislation is legally effective to protect works generated by artificial intelligence.