ARTIFICIAL INTELLIGENCE IN THE WORLD OF ART AND THE PARADIGM OF HUMAN INTELLECTUALITY AS A CONDITION OF PROTECTION IN THE BRAZILIAN COPYRIGHT LAW
"Artificial Intelligence"; "Art"; "Author"; "Copyright"; "Creativity"; "Originality"; "Intellectual Property" and "Industrial Property"
The technological advancement and the increasing use of Artificial Intelligence (AI) in the creation of drawings, paintings, and musical compositions have sparked intense social, academic, and legal debates. This is because, in the current normative context, the prevailing paradigm is that human intellectual capacity is a central condition for protection under intellectual property law, whether in copyright or industrial property.
There is a discussion about the need to reconsider concepts and modernize existing legislation to establish clear, specific, and adequate norms for the protection of interests related to products/creations conceived through the autonomous creative capacity of Artificial Intelligence.
In this regard, the present project aims to conduct a qualitative research through exploratory literature review of databases, dissertations, and theses, as well as scientific article platforms. The primary objective is to first understand what Artificial Intelligence is and the phenomenon of its increasing application in the world of arts. This involves analyzing various conceptual aspects of art (beauty and harmony, creativity, skill, and the social, cultural, and political expression of humanity). The research will discuss the possibility of stating that Artificial Intelligence possesses creative capacity for the conception of drawings, paintings, and musical compositions.
Following this, the project aims to evaluate whether copyright law is an adequate legal system for protecting the product of the autonomous creative capacity (whether total or partial) of Artificial Intelligence, even if it is similar to works of art (paintings/drawings or musical compositions). This assessment will take into consideration the paradigm of human intellectual capacity as a condition for protection.