Intellectual Property Challenges for Works Created by Generative Artificial Intelligence Systems from a Spanish Perspective

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The rapid development of artificial intelligence (AI), particularly in the field of generative artificial intelligence (GenAI), raises complex questions about data use and copyright protection. This article explores the significant transition from AI models relying on human influence to achieving near-complete autonomy, presenting formidable challenges to existing copyright laws. As AI-generated creations gain widespread use, debates about copyright eligibility and the recognition of AI as a creator emerge. This article also argues against granting copyright to AI creators because their products lack human influence. The nature of GenAI is discussed, distinguishing it from other AI models, assessing the extent of human input required and questioning the application of current intellectual property laws. The article also follows the evolution of AI in creativity, outlining three phases marked by technological advances. The diminishing role of human intervention in the creative process is highlighted, a diminution particularly evident in contemporary models such as ChatGPT. Unlike human creators, algorithms lack awareness and influence, undermining the need for copyright protection. Ongoing legal discourse focuses on ownership and data protection, and market solutions can cause confusion. The changing landscape prompts a reassessment of the adequacy of copyright law to protect the rights of creators and maintain the human-centric foundation of copyright law, a foundation that is absent in the outcomes generated by AI. The article additionally considers recent case law that could potentially offer insights into addressing the legal issues at hand. In conclusion, the article emphasizes ongoing questions regarding the necessity of protecting AI-generated outcomes and the difficulties these outcomes present within the existing legal framework, as seen from a Spanish perspective.