Artificial Intelligence and Creativity: new concepts in intellectual property

This work addresses one of the most relevant information technologies of the 21st century, due to its scope and applicability in various sectors of society, called Artificial Intelligence (AI).

Aiming at a better way to perform any work, AI is inserted in a complex scenario of replacement of man by machine, a situation that has occurred since the Industrial Revolution of the 18th Century.

The AI brings in its context the possibility of a technology detaining the ability to think for itself, a condition originally inherent to man in his process of cognition. That is, it allows an application of the type to perceive and understand the world around him and seek quick and accurate solutions.

However, the study developed by Marcos Wachowicz and Lukas Ruthes Gonçalves aims to present its readers an analysis of how the legal protection of creative works made by AI applications would be made, based on the concept of creative work present in copyright law, the Berne Convention and the national Brazilian law.

The relevance of the topic is due to the fact that AI applications are already inserted in the daily life of human civilization, being distant from the fragile conception of being linked only to the context of science fiction stories. On the contrary, they have already reached the point of being able to perform activities of equal if not superior quality to those performed by humans. To do so, the authors raise questions regarding the protection of these works when AI applications begin to show signs of creativity, what to do when such program goes beyond its original programming and produces contislation for the protection of creative works made by AI.

Among other topics, it is addressed what a creative work is, what can be protected as a work and what are the requirements for it to be considered creative, and who can enjoy this work and be considered as its author or holder.

This work is a direct result of the research that gave rise to the Copyright and Industrial Law Study Group – GEDAI/UFPR, linked to the Graduate Program in Law of the Federal University of Paraná – PPGD/ UFPR, focused on the new challenges of the protection of intellectual rights in the Information Society, which are now published because they were previously presented in seminars, congresses and events held in Brazil and abroad with support from agencies such as CAPES and CNPq.

GEDAI/UFPR was established with the main purpose of studying Intellectual Property in the Information Society, which, through comparative law, analyzes the various systems for the protection of copyright and industrial rights, the processes for the implementation of cultural rights and cultural diversity, as well as the adequacy of the regulation of intellectual rights when faced with the challenges of the Information Society. Likewise, the group aims to understand the effects of the fundamental right to culture and cultural diversity in contemporary society; analyze the limits of copyright in the protection of immaterial assets and the legal protection of new intellectual assets arising from information technologies innovation, inclusion and dissemination of knowledge; evaluate the consequences of the technological revolution in the progress and the advent of digital culture on the regulation of copyright as well as identify the content of legal protection and the scope of circulation of cultural production developed in public institutions.

The GEDAI/UFPR Group gathers researchers, masters and doctors students who dedicate their studies to several areas of Intellectual Property, thus forming an exchange network between national and foreign institutions.

Aiming to intensify the exchange of research in Brazil, GEDAI/UFPR is involved in projects with other academic teams from several Brazilian and foreign higher education and research institutions on subjects related to Intellectual Property and its challenges in the Information Society, GEDAI/UFPR presents here a bilingual version of this work (in Portuguese and English), so that researchers of other nationalities can integrate this great network of research and academic publications.

GEDAI/UFPR – promotes spaces for collective creation and sharing, making the download of its works freely available through the Internet at the website: www.gedai.com.br.

In view of the above, the reading of this book is fundamental and indispensable for the elaboration and construction of concepts that perceive the technological transformations in the current Information Society, being equally indispensable for scholars of the subject of legal protection of Copyright.

The authors wish a good reading for all!

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