Proteção intelectual de obras produzidas por sistemas baseados em inteligência artificial: uma visão tecnicista sobre o tema

The pervasiveness of Artificial Intelligence (AI) is unquestionable in our society. Even in the arts, AI is present. A notorious case is the song "Hey Ya!" of the OutKast group, successful in the 2000s. At this time, the music industry began to make decisions based on data to strategize based on predictions of listeners' habits. This case is just one of the countless examples of AI applications in the arts. The advent of deep learning made it possible to build systems capable of accurately recognizing artistic style in paintings. Content generation is also possible; for example, Deepart customizes images from two inputs: 1) an image to be customized; 2) a style of painting. The generation of songs according to specific styles from AI-based systems is also possible. Such possibilities raise questions about the intellectual property of such works. On this occasion, who owns the copyright of a work produced from a system based on Artificial Intelligence? To the creator of the AI? The company/corporation that subsidized the development of this system? Or AI itself as a creator? This essay aims to contribute with a technicist view on the discussion of copyright applicability from works produced by AI.

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