El impacto legal de la IA "creativa"

  1. Vanessa Jiménez Serranía 1
  1. 1 Universidad de Salamanca
    info

    Universidad de Salamanca

    Salamanca, España

    ROR https://ror.org/02f40zc51

Journal:
Revista de privacidad y derecho digital

ISSN: 2444-5762

Year of publication: 2023

Volume: 8

Issue: 31

Pages: 71-129

Type: Article

More publications in: Revista de privacidad y derecho digital

Abstract

AI has been in our lives for decades in various applications that accompany us daily. However, today we are facing a paradigm shift: AI is not only used as a tool or support instrument, but can also generate texts, melodies and songs, videos, etc. autonomously and reproduce them without the need for authors, interpreters or performers. This generative or "creative" AI raises important questions linked to major branches of law such as data protection, civil liability, cybersecurity and, of course, intellectual property. It will be the implications related to the latter that we will address in this study, focusing on the two main "battle horses" that arise and their scope: on the one hand, how AI obtains those inputs tha allow it to generate the production of certain "creatins" or, rather, results; and, on the ohter, whether these outputs or products that this "creative" AI should be protected and eventually, hoy they will be protected.