Colombia Update: Artificial Intelligence and Copyright

Recently, technological development has grown rapidly, to the point that machines have been developed that not only assist us, but also have the ability to replace us in several of the functions we perform and even have the ability to learn by themselves without human assistance. This is what has been defined as artificial intelligence.

Artificial intelligence has multiple applications in different sectors and has posed a number of challenges in the field of law, one of which is how to protect the creations made by artificial intelligence. The copyright regime in force in the country does not contemplate the ownership of the right in the head of something other than natural persons. But what happens when AI systems start creating works that could be considered copyrightable?

There are already cases in which artificial intelligence systems have created paintings, literary works, poems and even articles. In these cases, what would be the solution?

Some solutions proposed are to give the protection of the right to whoever is the owner of the program or the machine that created the works. However, some problems that arise from this possibility is that it can open the door for all creators of different software or programs to claim ownership over works that were created using them.

Another problem arising from the proposed solution is that if software, including artificial intelligence software, is generally protected through copyright, how is the idea that the owner of the right in question obtaining others through an initial copyright reconciled? There is no possibility in the current intellectual property law of obtaining intellectual property rights derived from another.

In contrast, there is another sector that raises the possibility of not protecting creations developed by artificial intelligence. However, the main problem derived from this option is that by being left without protection they would not produce any type of economic benefit and, therefore, not being profitable or beneficial these creations would discourage artistic and intellectual development which would be counterproductive for society.

This issue is still recent in our order, but it is important to start analyzing the trends because innovation is not going to stop. In order to take better advantage of technological advances, it is important to be prepared and anticipate the implications they can cause, to avoid having negative impacts such as those that are glimpsed in the field of intellectual property if the issue is not addressed in the appropriate way.

Article for Asuntos Legales.

By Angelica Maria Camelo, LLOREDA CAMACHO & CO, Colombia, a Transatlantic Law International Affiliated Firm.  

For further information or for any assistance please contact colombia@transatlanticlaw.com 

Disclaimer: Transatlantic Law International Limited is a UK registered limited liability company providing international business and legal solutions through its own resources and the expertise of over 105 affiliated independent law firms in over 95 countries worldwide. This article is for background information only and provided in the context of the applicable law when published and does not constitute legal advice and cannot be relied on as such for any matter. Legal advice may be provided subject to the retention of Transatlantic Law International Limited’s services and its governing terms and conditions of service. Transatlantic Law International Limited, based at 42 Brook Street, London W1K 5DB, United Kingdom, is registered with Companies House, Reg Nr. 361484, with its registered address at 83 Cambridge Street, London SW1V 4PS, United Kingdom.