Who can be considered the owner of an AI-generated work?

OMC abogados - Artificial intelligence (AI) has transformed various industries, from medicine to finance, revolutionizing how content is created, distributed, and managed. In Peru, the integration of AI in creative processes raises key questions about intellectual property and copyright. As these technological tools are increasingly used in areas such as art, literature, and music, a crucial question arises: Who can be considered the owner of an AI-generated work?

AI has established itself as a powerful tool for content creation. Numerous companies use it to generate unique artistic designs or innovative literary and musical content. However, these creations, while produced by a machine, result from specific commands provided by a human user. This aspect has triggered a global debate about the true authorship of these works. Is the author the user who gives the instructions, or the AI that executes them?

In Peru, the Copyright Law, established by Legislative Decree No. 822, defines the author of a work as exclusively a natural person. This means that legally, only a human being can be considered the author of a work protected by copyright. Consequently, any creation generated by AI will be attributed to the user who controls and directs the creative process. This legal principle is crucial for understanding how copyright applies in the context of AI, especially since, although this technology may significantly contribute to the creative process, it is not recognized as a legal author.

The application of this principle has important implications in cases of copyright infringement. If an AI generates a work resembling another protected work, the responsibility lies with the user who employed the tool. For example, in the lawsuit of Getty Images against Stability AI, the latter was accused of using millions of protected images without authorization to train its AI model. Cases like this highlight the need for users to be aware of the legal risks when employing AI-based tools.

Similarly, the use of AI presents significant challenges in the field of advertising and unfair competition. Advertising campaigns created with AI must be carefully designed to avoid infringing copyright or using distinctive elements of competing brands. If an AI accidentally incorporates a protected slogan or a registered image, the user who generated the content will be responsible for the infringement. These situations reinforce the importance of companies implementing clear internal policies to manage the risks associated with using AI, regulating how and in what contexts these tools should be employed.

Despite these legal challenges, artificial intelligence also offers unprecedented opportunities for innovation and creativity. AI tools allow creators and companies to explore new horizons in content creation, enhancing creativity and promoting advances in sectors such as advertising, entertainment, and art. However, it is crucial that those who use these technologies fully understand the legal implications of their use. Considering AI as a tool, rather than an independent creator, is key to balancing innovation with copyright protection.

In this context, Peru’s legal framework needs to evolve to adapt to new technologies. Laws must provide clarity and confidence to both creators and companies, fostering an environment that combines innovation with respect for intellectual property rights. This regulatory framework should also establish specific guidelines to ensure the responsible and legal use of AI tools, enabling this technology to be fully utilized without compromising copyright or fostering unfair competition.

Ultimately, while AI has the potential to generate impressive and useful content, legal responsibility rests with the users who employ these tools. Peruvian legislation, like that of many other countries, continues to favor human authorship, recognizing only natural persons as authors of copyrighted works. As technology advances, these legal issues are likely to evolve, potentially requiring legislative revisions to better adapt to the evolution of content creation in the era of artificial intelligence.

A clear legal framework, along with adequate corporate policies, will be crucial to mitigating the legal risks associated with AI use. This will ensure that companies can fully leverage the opportunities offered by this technology while promoting an environment where AI enhances creativity without compromising copyright or fair competition. In this way, it will be possible to balance innovation and protection of rights, promoting sustainable development in the use of these technological tools.

Ingrid Escobar
Intellectual Property; Patents and Trademarks

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