By Sergio G. Guzmán Rocha – Ll.M in laws
Each of April 23 is commemorated on the day of the book and the copyright, an auspicious date that allows us to reaffirm the principles promoted traditional
In the current context, given the marked technological irruption, the operators of the law saw the urgency of strengthening this field legally, since the presence of artificial intelligence (AI), Big Data, software, mobile applications, blogs or online audiovisual content have been constituted as essential for the development of labor, commercial and academic activities. This environment raises the need to have adequate protection mechanisms, capable of protecting authorship in digital media against challenges such as piracy or unauthorized use of content.
While a digital work automatically protects itself since its creation, it is not absolute. The ease of copying or replicating digital content gave way to new forms of violation, which demand a constant evolution of the legal framework. In that sense, the World Intellectual Property Organization (OMPI) promotes initiatives aimed at analyzing the use of intellectual property in the development of mobile applications. However, it is glimpsed that the regulatory framework does not go at the speed of technological innovation.
In Bolivia, Law 1322 on copyright (1992) shows obvious signs of outdating. Although the National Intellectual Property Service (Senapi) protects literary, artistic and scientific works, the institution seems to advance with some parsimony before the demands of the digital environment.
With regard to the international field, the regulation in this matter shows greater solidity, supported by different treaties, agreements and the various agreements promoted by the WIPO, such as the Treaty on Copyright (WCT) of 1996. Today the role of the International Confederation of Authors and Composers Societies (CISAC), which works in the protection of copyright at the global level.
Although Latin America has developed its legislation in this area more late than Europe, there is a remarkable advance in the region. Since many universities have been offering tools and spaces to promote intellectual production in scientific, literary and technological fields, it is essential to promote the proper registration of these creations, since a citizen without civil rights is not fully citizen, and an author without copyright is not fully author.
However, new debates arise around the authorship of works generated by AI. The growing use of algorithms in the creative process, and the enormous computer capacity available, raise questions about the legitimacy and ownership of such works. Who is the true author when a work is generated without significant human intervention?
This dilemma led some jurisdictions, such as the United Kingdom, to open public consultations on how to apply intellectual property legislation to the models of the trained outside their territory, and how to encourage companies to comply with their regulations. A possible solution would be to attribute copyright to the person responsible for the functioning and development of AI.
This approach could provide legal certainty and promote technological investment, by ensuring clear returns for those who bet on innovation.
In short, copyright have been facing the challenge of adapting to a new technological reality, which with the support and commitment of legal operators, I consider that progressive models will be achieved that protect both current creations and those that are yet to come.
