Law and policies related to works generated by artificial intelligence in Brazil and the European Union

Abstract

Investments in sophisticated technologies have enabled the creation of Artificial Intelligence (AI) systems capable of reproducing the behaviour of the human brain, with the ability to learn, decide and even create intellectual works. This technological reality drew the attention of the European Parliament and the Council of the European Union (EU), which began to pressure the development of research on AI and Intellectual Property (IP), to identify the best legal solutions to the factual situation of works generated by non-human agents. Responding to this call of the Parliament, this monograph proposes to investigate the feasibility of protection of intellectual works generated by AI systems in Brazil and the EU, based on current legislation, jurisprudence, and doctrine. To this end, the monograph is based on the hypothetical-deductive method, starting from a comparative approach, and divided into three main parts. The first part is destined to present the fundamental notions of AI and copyright. After this introduction, the second part assesses whether works generated by AI systems qualify as intellectual property subject to copyright protection, based on the case study of the painting The Next Rembrandt, identifying the issues related to the attribution of rights to human and non-human agents involved in the creation process. Finally, the third part is destined to examine the legislative proposals and governmental solutions suggested in Brazil and in the EU on the matter. Based on the acknowledgement of the insufficiency of traditional provisions to protect works generated by AI systems, it is concluded that the European Intellectual Property Office's proposal for the elaboration of a sui generis system seems to be the most adequate solution to protect works generated by AI in Brazil and in the EU.