VINCENT VAN BOT: ROBÔS ARTISTAS E OS DESAFIOS DO DIREITO AUTORAL NA ERA DA INTELIGÊNCIA ARTIFICIAL GENERATIVA

Abstract

The concept of artificial intelligence dates back to the mid-1950s, marking the beginning of the ambitious project of creating an artificial structure capable of imitating the human brain. After a long process of technology development, alternating between periods of great discoveries and almost complete stagnation, the advances obtained from the 2010s onwards represented a significant evolutionary leap, based on the combination of models that enabled the processing of massive amounts of data with the technology necessary to implement them, culminating in the creation of generative artificial intelligence, capable of creating new data on its own, without human interaction, including artistic works. With this new tool in hand, people began to create and economically exploit works generated by computers, awakening the interest of law in these legal relationships, more specifically copyright. Questions began to be raised in this area, both in relation to the authorship and ownership of these new creations, and in relation to the works used to train artificial intelligence. The present work aims to discuss these issues from the perspective of the Brazilian legal system, more specifically the Copyright Law (Law No. 9,610/1998), seeking to assess whether the Brazilian legal framework is prepared to deal with this new reality of artist robots, through exploratory research, with a deductive approach method, in the qualitative research modality, with analytical, interpretative and comparative procedure methods and indirect documentation as a research technique.