THE ISSUE OF COPYRIGHT IN THE USE OF ARTIFICAL INTELLIGENCE IN BRAZIL

Abstract

The present article examines the challenges and gaps in Brazilian Copyright Law in the face of advances in generative Artificial Intelligence (AI), especially in musical and artistic production. It investigates the tension between human authorship—an essential foundation of Law No. 9,610/1998 and the Federal Constitution—and works created by automated systems, which lack human creativity. The research discusses the improper use of protected works in algorithm training, the economic impacts on artists and producers, and the ethical dilemmas related to the reproduction of musical voices and styles. It also addresses the need for transparency in the use of datasets and mechanisms for fair remuneration to original authors. Finally, it concludes that there is a need to create a modern and balanced regulatory framework, such as Bill No. 2,338/2023, capable of reconciling technological innovation, legal certainty, and the appreciation of human creativity in the contemporary digital context.